CO: The statutory right to notice of right to refuse a consent search doesn’t apply when the automobile exception applies

Colorado requires notice of a right to refuse a consent search of a car. When there is probable cause and exigent circumstances, however, that’s enough for the search without even considering consent. People v. Ball, 2017 CO 108, 2017 Colo. LEXIS 1091 (Dec. 18, 2017) (see Treatise § 12.28):

[*2] Because the district court either misapprehended or misapplied the controlling legal standards governing investigatory stops, arrests, and custodial interrogations, and because the warrantless searches of the defendant’s car and purse were justified on the basis of probable cause and exigent circumstances, without regard for the voluntariness of her consent or compliance with the dictates of section 16-3-310, C.R.S. (2017), the statute governing consensual vehicle searches in this jurisdiction, the district court’s suppression order is reversed, and the case is remanded for further proceedings consistent with this opinion.