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

Summary

The court affirmed suppression of text messages found in a cellphone folder labeled “Faith Fallout.” It held that the warrant’s authorization to search for messages between Herrera and “Stazi” and for indicia of ownership did not authorize searching the folder, and that the plain-view exception did not apply because officers lacked lawful access to its contents. Chief Justice Rice, joined by Justice Boatright, dissented and would have held that the folder was within the warrant’s scope because it could have contained deceptively labeled messages.