The Colorado Supreme Court released one opinion on October 12. Read the summary and the entire opinion, below.
The People of the State of Colorado, Plaintiff-Appellant v. Justin Winter Vanpelt, Defendant-Appellee. 2026 CO 66. The supreme court holds that the district court erred when it suppressed evidence of the gun taken from Vanpelt prior to his arrest. In coming to this conclusion, the supreme court holds that the officers had reasonable suspicion that Vanpelt had committed the crime of driving under the influence and did not violate the Fourth Amendment or the Colorado Constitution when the officers seized Vanpelt’s firearm while he was unconscious out of concern for officer safety. The supreme court further holds that Vanpelt’s statements to the officers were voluntary because the officers’ conduct did not overbear Vanpelt’s will. The supreme court declines to exercise jurisdiction over the issue of the precluded in-court identification because Vanpelt did not properly raise this issue. Read the opinion.