The People of the State of Colorado, Plaintiff-Appellant v. Matthew James Herrera, Defendant-Appellee

Summary

The court affirmed suppression of messages found in a cellphone folder because the warrant's reference to indicia of ownership could not authorize an unrestricted search of the phone. Although the folder's incriminating name was immediately apparent during a lawful search, officers lacked lawful access to its contents because the folder could not reasonably have contained the messages specified in the warrant, and the plain view exception therefore did not apply. Chief Justice Rice, joined by Justice Boatright, dissented, concluding that the folder could reasonably have concealed the messages covered by the warrant and that the evidence should have been admitted.