Supreme Court of Colorado

Ismael Casillas, Petitioner v. the People of the State of Colorado, Respondent.

September 24, 2018427 P.3d 804

Summary

The court held that the exclusionary rule requires suppression of evidence derived from a juvenile probation officer's unauthorized collection and database submission of Casillas's DNA. The officer acted as an adjunct to law enforcement, did not rely on misinformation from a third party, and could reasonably be charged with knowing that the search was unlawful; suppression would deter similar unauthorized DNA collection. The court reversed and remanded with instructions to vacate Casillas's conviction. Justice Samour, dissenting, would have found the officer's statutory mistake objectively reasonable and affirmed.