The People of the State of Colorado, Petitioner v. Mikel Morehead, Respondent.

Summary

The court held that, after reversal and remand for a new trial, the trial court retains discretion to consider additional evidence and arguments concerning suppression, including whether evidence obtained under a later warrant was sufficiently independent of an unlawful entry to avoid exclusion. The court therefore reversed the court of appeals' restriction barring the trial court from considering such arguments on retrial, while leaving the prior determination that the initial entry violated the Fourth Amendment as law of the case. Justice Gabriel, joined by Justice Hood, dissented, arguing that the prosecution had a full opportunity to litigate suppression and should not receive a second opportunity to present arguments it previously omitted.