Supreme Court of Colorado
v. People
October 15, 20182018 CO 78M
Summary
The court held that evidence derived from an unauthorized DNA cheek swab of a juvenile on deferred adjudication must be suppressed under the exclusionary rule. The juvenile probation officer acted as an adjunct to law enforcement, the search served an inherent law-enforcement purpose, and the record did not show reasonable reliance on third-party misinformation or an objectively reasonable interpretation of the governing statute. Because suppression would deter unauthorized collection of juvenile DNA, the court reversed and remanded with instructions to vacate the conviction.