Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. Michael Andrew Pappan, Defendant-Appe — Gabriel, J…

September 10, 2018425 P.3d 273

Summary

Justice Gabriel dissented from the majority's conclusion that exigent circumstances justified the warrantless entry and search of Pappan's home. The dissent would have upheld the district court's suppression order because the evidence showed no immediate crisis, ongoing threat, or factual basis to believe that anyone remained inside, and the purported protective sweep appeared instead to be an evidentiary search. Justice Hart joined the dissent.