The People of the State of Colorado v. Thomas James Havens.

Summary

The court reversed the suppression of evidence seized from Havens's motel room and remanded for a hearing under the body-worn-camera statute. It held that the statute did not require the prosecution to provide a report explaining an officer's failure to reactivate BWC audio, and that the district court improperly barred testimony before allowing the prosecution to rebut the statutory presumption concerning unrecorded statements. The court also held that the discovery rules did not require disclosure of the officer's failure to reactivate the audio because it was neither a tangible object, a statement by the accused, nor inherently exculpatory.