Colorado Criminal Lawyer Blog
Colorado police generally may seize a cell phone or computer when a lawful arrest, warrant, consent, probable cause plus a recognized seizure doctrine, or a genuine emergency permits them to take control of the device.
But lawful possession of the hardware does not automatically authorize examination of its digital contents.
Under Riley v. California and Colorado law, an arrest alone does not permit police to browse messages, photographs, applications, files, or other stored data; police must obtain a search warrant or establish a separate, narrowly defined exception to the warrant requirement.
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Introduction: The Schur Case – A Case That Sparked a Statewide Conversation About Limits Of Defense of Property
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Introduction: As a trial lawyer observer, you often sit in the courtroom observing other trials, wondering why certain information was excluded from evidence that could have been used to attack a previous witness’s testimony or to bolster a witness whose credibility has been attacked.
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