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. Because the officer’s own conduct caused the unlawful search, the officer was closely connected to law enforcement, and suppression would deter similar unauthorized DNA collections, 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 would have affirmed.