The People of the State of Colorado v. Jesus Luna-Solis — Bender, J., Concurring in Part and Dissenting in Part

Summary

The separate opinion agrees that the district court used the wrong constitutional analysis but would uphold suppression of the statements under the Fourth Amendment because detectives exceeded the limited scope of the detention order by interrogating Luna-Solis. It agrees that the DNA evidence should not have been excluded, but would hold that no discovery violation occurred because the applicable discovery rule presupposes that judicial proceedings had begun for the offense under investigation. The opinion therefore dissents from the ruling concerning the statements and concurs in the result concerning the DNA evidence.