Colorado v. MoreheadAnnotate this Case
The State appealed a court of appeals' judgment reversing respondent Mike Morehead's convictions for possession and possession with intent to distribute a controlled substance, as well as seven gambling-related charges. The pertinent issue presented to the Colorado Supreme Court was the trial court's denial of defendant’s motion to suppress evidence discovered in his home. The trial court ruled the officers’ initial entry of the home with the permission of the defendant’s former girlfriend was lawful and that the evidence seized in a subsequent search was conducted pursuant to a warrant that was supported by probable cause and was not misleading. By contrast, the intermediate appellate court found that defendant’s former girlfriend lacked either actual or apparent authority to consent to the officers’ initial entry of the defendant’s home, during which they observed gambling machines. It also declined, however, to either entertain arguments on appeal that the evidence seized in the subsequent warranted search was not the fruit of the initial entry or that its seizure at least came within an exception to the exclusionary rule, or to remand for findings concerning those issues, reasoning that the prosecution was barred from raising any such arguments for not having asserted them at any of the numerous suppression hearings. Instead, the appellate court ordered all the evidence seized from the defendant’s residence suppressed, and it reversed his convictions; but in addition, after supplemental briefing, it mandated that the trial court be barred from considering new arguments for admission of that evidence on retrial. The Supreme Court concluded the appellate court erred in restricting the trial court's discretion to entertain additional evidence or consider additional arguments regarding the seizure of this evidence on retrial. Therefore, that portion of the appellate court's judgment was reversed.