CO: While trial court erred in considering officers’ subjective intent, there still wasn’t RS

“We conclude that while the trial court erred in considering the officers’ subjective intent in effectuating the seizure, it was nonetheless correct that the officers lacked reasonable and articulable suspicion to detain Brown. Accordingly, we affirm the trial court’s order suppressing Brown’s statements, albeit on other grounds.” People v. Brown, 2022 CO 11, 2022 Colo. LEXIS 180 (Mar. 7, 2022).

A warrant for a duplex residential building was not overbroad here. Apparently only one unit was occupied, and the other was vacant. Two weeks of continuous surveillance only saw defendant as a resident coming and going. A records search was consistent. It was reasonable to conclude the vacant unit was used by defendant for storage. State v. Berry, 2022 N.J. Super. LEXIS 27 (Mar. 7, 2022).*

Defendant’s guilty plea waived his suppression motion appeal. State v. Milite, 2022-Ohio-656, 2022 Ohio App. LEXIS 582 (11th Dist. Mar. 7, 2022).*

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