The People of the State of Colorado, Petitioner v. Thomas B. Delage, Respondent.

Summary

The court held that the prosecution must prove the voluntariness of consent to a search by a preponderance of the evidence, rather than by clear and convincing evidence. It reasoned that this standard is consistent with the federal rule and Colorado's treatment of comparable admissibility questions, and remanded for reconsideration of voluntariness under that standard.