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Colorado Supreme Court Opinions
No. 05SC358. West v. Roberts. The Supreme Court holds that the Uniform Commercial Code (UCC) conflicts with the mandate of the stolen property statute, CRS § 18-4-405, but that the UCC prevails because it is both more recent and more specific. Therefore, in this case, the Supreme Court holds that a subsequent good faith purchaser of a car obtains good title under the UCC, even though the car was acquired through an earlier fraud, because the original owner of the car voluntarily parted with the car.
No. 06SA132. People v. Pacheco. The People appealed the order of the trial court suppressing evidence obtained by the police pursuant to a search warrant. The Supreme Court affirms the order. The Court reviewed the suppression ruling by looking at the totality of the circumstances to determine if the correct legal standards were applied and proper constitutional conclusions were drawn. The first issue the Supreme Court addressed was whether the trial court correctly concluded that the affidavit filed in support of the search warrant failed to provide a substantial basis for the magistrate to find probable cause. The Court concluded that the affidavit failed any indicia of reliability and lacked probable cause. The Court then determined that the good faith exception to the exclusionary rule did not apply, because the searching officer could not, in good faith, reasonably rely on his own "bare bones" affidavit, which contained only assertions unsupported by facts. The trial court’s order is affirmed. The case is remanded for further proceedings. |
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