Legal Opinion · Dissent

Hanson v. Colo. Dep't of Revenue, Motor Vehicle Div.

Colorado Court of Appeals

Decided August 30, 2012No. 11CA1351Published

1Dissent

Judge FOX dissenting.

¶ 35 Because I conclude that the revocation order violated Hanson's rights to due process and to a full and fair hearing, and because the majority extends Francen v. Colorado Department of Revenue, 2012 COA 110, ¶ 45, 411 P.3d 693, beyond a traffic stop without probable cause to a warrantless home entry-without exigent circumstances-resulting in taking the home's resident into custody, I must respectfully dissent. Instead, I would reverse the district court's judgment and remand for further proceedings. Although the majority opinion recites most of the operative facts,…

2Cases cited16 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Colorado Department of Revenue v. KirkeSupreme Court of Colorado · 1987
  3. People v. O'HEARNSupreme Court of Colorado · 1997
  4. People v. ThompsonSupreme Court of Colorado · 1989
  5. Nefzger v. Colorado Department of Revenue, Motor Vehicle DivisionSupreme Court of Colorado · 1987

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