Coke v. People

Citations

• 461 P.3d 508
• 2020 CO 28

Syllabus

In this interlocutory appeal, the Supreme Court reviewed the trial court's suppression of statements defendant made to the police and evidence obtained from her cell phone. The Court concluded that because defendant was not in custody at the time she made the statements at issue and because there is no evidence of government coercion, the statements were not taken in violation of defendant's right to avoid self-incrimination and were voluntary. It also concluded that the search warrant permitting the search of defendant's cell phone was constitutionally overbroad because it authorized a search of virtually the entire contents of defendant's phone. Therefore, the search violated the Fourth Amendment's particularity requirement. Accordingly, the Court reversed the portion of the trial court's order suppressing defendant's statements, affirmed the portion suppressing the evidence from her cell phone, and remanded the case for further proceedings consistent with this opinion.