Legal Opinion · Concurrence

People v. Porter

Supreme Court of Colorado

Decided September 14, 1987No. 86SA445Published

1Concurrence

*928ERICKSON, Justice,

specially concurring in the result:

I agree with the majority’s result and the conclusion that suppression of the defendant’s confession is unwarranted. I write separately because I disagree with the majority’s approach, which requires balancing on a case-by-case basis to determine the applicability of the exclusionary rule. Since the defendant’s confession was not obtained in violation of the United States or Colorado Constitutions, it is unnecessary for us to employ a judicial balancing test to decide this case and to further confuse the law relating to the exclusionary…

2Cases cited11 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Elkins v. United StatesSupreme Court of the United States · 1960
  3. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  4. United States v. Murrell BedfordCourt of Appeals for the Third Circuit · 1975
  5. Andy Wallace Barnett, Robert Taylor Newman and Jack Coleman Stewart v. United StatesCourt of Appeals for the Fifth Circuit · 1967

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