Supreme Court of Colorado
In re People v. Chavez
April 18, 20162016 CO 20
Summary
The court held that a trial court lacks authority to order a defendant access to a nonparty's private residence when the residence is not in the possession or control of the government. Because the trial court exceeded its legal authority by granting the discovery motion, the court made the rule to show cause absolute and remanded. The decision rested on the absence of authority in the Constitution, criminal rules, or statutes to compel such access without the resident's consent.