Summaries of Published Opinions, 1121 COBJ, Vol. 50, No. 10 Pg. 86
| Position | Vol. 50, 10 [Page 86] |
COLORADO SUPREME COURT
September 13, 2021
2021 CO 62. No. 2OSC9. People v. Tafoya.
Searches and Seizures—Expectation of Privacy—Search of a Curtilage.
In this case, the Supreme Court considered whether the police's use of a pole camera constituted a warrandess search. Police received information that Tafoya was involved in illegal drug. They installed a video camera near the top of a utility pole across the street from his home without first obtaining a warrant. The police continuously surveilled the property, including his fenced-in backyard, for three months and stored the footage for later review. Eventually, based on observations obtained from the pole camera footage, the police obtained a warrant to search Tafoya's home. During the subsequent search, the police seized illegal drugs.
The Court held that police use of a pole camera continuously for a three-month-long video surveillance of fenced-in curtilage, stored indefinitely for later review, constitutes a warrantless search in violation of the Fourth Amendment.
Accordingly, the Court of Appeals' judgment was affirmed and Tafoya's convictions were reversed.
2021 CO 63. No. 2OSC47. People v. Sanchez.
Searches and Seizures—Expectation of Privacy—Search of a Curtilage.
In this case, the Supreme Court considered whether the police's use of a pole camera constituted a warrantless search. Police received information that Sanchez's co-defendant, Tafoya, was involved in illegal drug sales. They installed a video camera near the top of a utility pole across the street from Tafoya's home, which Sanchez routinely visited, without first obtaining awarrant The police continuously surveilled the property, including Tafoya's fenced-in backyard, for three months and stored the footage for later review. Eventually, based on observations obtained from the pole camera footage, the police obtained a warrant to search Tafoya's home. During the subsequent search, the police seized illegal drugs, which were connected to Sanchez through the video footage.
As in People v. Tafoya, 2021 CO62,_P.3d_, the Court held that police use of a pole camera continuously for a three-month-long video surveillance of fenced-in curtilage, storedindef-initely for later review, constitutes awarrandess search in violation of the Fourth Amendment.
Accordingly, the Court of Appeals' judgment was affirmed and Sanchez's convictions were reversed.
2021 CO 64. No. 2OSC354. McDonald v. People.
Colorado Organized Crime Control Act—Statutory Interpretation—Double Jeopardy.
In this opinion, the Supreme Court interpreted the term "enterprise" as used in the Colorado Organized Crime Control Act (COCCA). In doing so, the Court adopted the structural requirements inferred by the US Supreme Court under die Racketeer Influenced and Corrupt Organizations Act (RICO) and held that COCCA requires an associated-in-fact enterprise to have (1) a minimum amount of structure—namely, a purpose, relationships among those associated with the enterprise, and longevity sufficient to permit die associates to pursue the enterprise's purpose; and (2) an ongoing organization of associates, functioning as a continuing unit, that exists separate and apart from the pattern of racketeering activity in which it engages.
Here, the trial court erred by failing to instruct die jurors regarding die structural features required for an associated-in-fact enterprise. That error was not harmless, so defendant's COCCA conviction was vacated. And although die Court concluded that die evidence presented was sufficient to sustain die COCCA conviction under the standard existing at die time of trial, because the prosecution did not have notice of the standard announced in this opinion, die Court refused to...
To continue reading
Request your trial