The People of the State of Colorado, Plaintiff-Appellant v. Matthew James Herrera, Defendant-Appell — Rice, J…

Summary

The dissent would hold that a warrant authorizing a search of a cellphone for text messages between Herrera and Stazi permitted officers to search every text-message folder because the messages could have been disguised under another name. It further concludes that the messages between Herrera and Faith W. were admissible under the plain-view exception because the officer lawfully accessed the folder, their incriminating nature was immediately apparent, and the folder could reasonably have contained the messages described in the warrant. The dissent would therefore reverse the suppression order.