Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. John Jacob McCarty, Defendant, Appellee — Eid, J…

May 10, 2010229 P.3d 1041

Summary

The dissent would have declined to suppress evidence from the vehicle search because the officers acted in good-faith reliance on then-settled precedent permitting the search, and exclusion would not deter police misconduct. It also would have concluded that the search independently satisfied the governing vehicle-search standard because the defendant was arrested for possession of drug paraphernalia, making it reasonable to believe that related evidence could be in the vehicle. Justice Eid dissented from the majority's contrary conclusions.