Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. Julius Omega Scott, Defendant-Appellee

April 5, 2010227 P.3d 894

Summary

The court reversed the order suppressing evidence seized under the second search warrant because the first and second supporting affidavits could be read together, and their combined facts provided a substantial basis for probable cause. The court held that requiring express incorporation of the first affidavit would impose an impermissibly hypertechnical limitation on the magistrate's commonsense assessment. Justice EID, concurring in the judgment, would have resolved the appeal under the good-faith exception and concluded that the officers reasonably relied on the affidavits.