Opinion
21SC954
05-16-2022
The People of the State of Colorado, Petitioner v. Anthony Phillip Restrepo, Respondent
Court of Appeals Case No. 20CA224
Petition for Writ of Certiorari DENIED.
JUSTICE HOOD and JUSTICE SAMOUR would grant as to the following issues:
Whether, in order to apply the good faith exception to the exclusionary rule of Davis v. United States, 564 U.S. 229 (2011) and section 16-3-308(1) and (2)(b), C.R.S. (2021), that applies when court precedents have been overruled, the precedent must be "binding" or incapable of being distinguished.
Whether the court of appeals erred by not applying the statutory and caselaw good faith exceptions to the exclusionary rule where law enforcement officers did not foresee that, two years after the search at issue, the passage of Amendment 64 would change this court's caselaw concerning the use of drug-detection dogs.