H. Michael Steinberg has 42+ years of experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.

Articles Tagged with Fourth Amendment

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colorado-search-warrant-challenge

Quick Answer

To challenge a search warrant in Colorado after a home raid, your attorney first obtains the warrant, the sworn affidavit, and the return, then files a motion to suppress and for return of property under Crim. P. 41(e). The motion can attack probable cause, particularity, the way the warrant was executed, or false statements in the affidavit. If the court agrees, the evidence and its fruits are excluded unless the prosecution proves the good-faith exception applies. The sooner a defense lawyer reviews the paperwork, the more options you keep.

Officers arrive early in the morning. Someone hands you a stack of papers, and for the next several hours strangers go through your bedroom, your closets, your phone, and your files. Whether the raid involved drugs, a fraud investigation, a sex-crime allegation, or something else, the warrant is the government’s permission slip. If that permission slip was defective, the evidence officers carried out of your home may never reach a jury.

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Drug Dog Sniff Ruling: U.S. v. Ostertag

Introduction

On September 8, 2026, the Tenth Circuit Court of Appeals issued a published opinion in United States v. Ostertag, No. 25-8055, holding that a drug-detection dog sniffing the outside of a car during a traffic stop was not a Fourth Amendment search.

The court also held that, even if the dog’s later physical contact with the car counted as a search, officers already had probable cause. Because the Tenth Circuit covers Colorado, the ruling matters to anyone facing a drug crimes or weapons charge that began with a traffic stop and a K-9.

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Search and Seizure Law Have You Been Seized by A Police OfficerBy H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – What Does It Mean to be Seized?

The phrase “search and seizure” is very familiar to most Americans, but a clear understanding by most of us of the moment when one is constitutionally “seized” – is a different question and is the subject of this brief piece.

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When a Police Investigatory Stop Crosses the Line
By H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – Your Rights Under the Fourth Amendment

While I have written on this subject before, a recent Colorado case, People v. Oliver (2020) has reminded me of the critically important reasons why each of us should know and understand our rights to privacy.

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