People v. Deitchman

I

The sole issue presented for our consideration is whether the district court erred in refusing to suppress the evidence seized pursuant to the warrants in light of the deficiencies in the affidavit.1

In rejecting the defendant’s motion to suppress the evidence, the district court relied exclusively on section 16-3-308, 8 C.R.S. (1984 Supp.), Colorado’s statutory “good faith” exception to the exclusionary rule. Section 16-3-308 provides in pertinent part:(1) Evidence which is otherwise admissible in a criminal proceeding shall not be suppressed by the trial court if the court determines that…