Legal Opinion · Concurrence

People v. McCullough

Supreme Court of Colorado

Decided July 3, 2000No. 99SA317Published

1Concurrence

Justice MARTINEZ,

specially concurring.

I concur in the judgment of the court that the evidence seized during a search of McCullough's home is admissible. I do not, however, accept the reasoning upon which the court relies for this conclusion. The majority supports its holding by unnecessary and inaccurate statutory and constitutional analyses and views United States Supreme Court precedent as support for its proposition that the Fourth Amendment's requirement of reasonableness is not violated by searches without reasonable grounds for the parole officer to believe that a parole violation has…

2Cases cited28 opinions

  1. Whren v. United StatesSupreme Court of the United States · 1996
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  4. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  5. New Jersey v. T. L. O.Supreme Court of the United States · 1985

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API