In two recent cases, Colorado's highest court considered whether police had "reasonable suspicion" to believe a driver violated a traffic rule (safe lane change) to justify a stop, vehicle search, and seizure of evidence (drugs).
In affirming the police lacked reasonable suspicion - including based on its own review of a police cruiser dash camera video of the alleged improper lane change - the court upheld the lower trial court's suppression of the evidence (usually no evidence means the charges are then dismissed).
These cases are notable mainly because (1) required "reasonable suspicion" has been so watered down over the years as to be not much of a hurdle for police anymore, and (2) the court justices reviewed the dash cam video supporting the defense (i.e., contradicting police testimony).
Bottom line is that lack of reasonable suspicion can be a powerful defense to criminal charges, from the smallest to the most serious.
The cases are People v. Deaner and People v. Barrera, decided 9/26/22.
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