Colorado Court of Appeals People v. Brown 11CA0556

Decision here.

   Brown appealed his conviction for murdering his wife.  Most of his arguments aren't relevant for this blog, but one of them was interesting.

   The police had obtained a warrant to search Brown's car.  They were surveilling for a couple of hours first.  They saw brown walk up to the car and put a backpack in it, and chose that moment to execute the warrant.  Brown asked to be able to take the backpack out of the car, but the police didn't allow him to, and evidence found in the backpack was later used against him.

   The Court of Appeals upheld the admission of the evidence from the backpack, holding that since it was in the car at the moment of seizure it was within the scope of the warrant.