People v. SCHUTTER

The People brought an interlocutory appeal pursuant to section 16-12-102(2), C.R.S. (2010), and C.AR. 4.1, challenging the suppression of evidence seized following a war-rantless search of Schutter's iPhone. The district court found that Schutter had not abandoned the iPhone, and even assuming it could be characterized as lost or mislaid property, the police invaded Schutter's reasonable expectation of privacy in the contents of his phone without a search warrant or an appropriate exception to the Fourth Amendment warrant requirement.

Because the iPhone in question could not be fairly…