No. 24-372

William Robert Taft v. Colorado

Lower Court: Colorado
Docketed: 2024-10-02
Status: Denied
Type: Paid
Response Waived
Tags: criminal-procedure fourth-amendment probable-cause protective-sweep unreasonable-search warrant-requirement
Key Terms:
FourthAmendment DueProcess CriminalProcedure
Latest Conference: 2024-11-01
Question Presented (AI Summary)

Whether the Colorado Court of Appeals reversibly erred by expanding the protective sweep exception to the Fourth Amendment warrant requirement beyond its limited scope

Question Presented (from Petition)

QUESTION PRESENTED Thirty-four years ago, in Maryland v. Buie, 494 U.S. 325 (1990), this Court ruled that the protective sweep exception to the warrant requirement allows only a quick and limited search of the premises incident to an in-home arrest only if the suspect is arrested inside the home, and only if the search is conducted to protect the safety of police officers or others. In this case, the Colorado courts swept away the temporal and proximal limits of the protective sweep exception, applying the exception to an entry and search of the premises when the suspect was not inside the premises and nothing but speculation supported the proposition that someone else might be within the premises. The question presented is: Whether the Colorado Court of Appeals reversibly erred and violated Mr. Taft’s right to be free from unreasonable searches and seizures by expanding the protective sweep exception to the Fourth Amendment warrant requirement beyond the limited scope of that exception. u RELATED CASES People v. Taft, 21CA1403, Colorado Court of Appeals, judgment entered December 14, 2023. People v. Taft, 2024SC521, Colorado Supreme Court, judgment entered July 1, 2024.

Docket Entries

2024-11-04
Petition DENIED.
2024-10-16
DISTRIBUTED for Conference of 11/1/2024.
2024-10-10
Waiver of right of respondent State of Colorado to respond filed.
2024-09-30
Petition for a writ of certiorari filed. (Response due November 1, 2024)

Attorneys

State of Colorado
Jillian Joy PriceColorado Attorney General's Office, Respondent
Jillian Joy PriceColorado Attorney General's Office, Respondent
William Robert Taft
Joseph Saint-VeltriJoseph Saint-Veltri, Attorney at Law, Petitioner
Joseph Saint-VeltriJoseph Saint-Veltri, Attorney at Law, Petitioner