Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. Devin Wallace Schutter, Defendant-Appellee

March 28, 2011249 P.3d 1123

Summary

The court affirmed suppression of evidence obtained from a warrantless examination of text messages on the defendant's iPhone. It held that, under the undisputed circumstances, the phone was not abandoned, lost, or mislaid, and the officers had no justification for examining its contents to identify or return its owner. Justice EID, dissenting, would have held that the defendant abandoned the phone and therefore had no legitimate expectation of privacy in its contents.