The Colorado Supreme Court ruled Monday that if  a police officer attempts a voluntary contact with a suspect, who waives them off and curses at them, and that officer responds by “[striking the suspect] with a martial arts “back fist” to [the suspect’s] face, fracturing multiple bones in [the suspect’s] face and dropping [the suspect] to his knees”, and afterwards a second officer attempts to spray the suspect in the eyes with a chemical repellant, and then strike the suspect three times with a metal baton around the lower back and buttocks and finally both then force the suspect against the ground,  knee the suspect in the back, and handcuff the suspect, the suspect’s confession is not voluntary.  Nor is it voluntary, according to the Supreme Court, after receiving several hours of medical care to fix the suspect’s face, if the suspect is returned to the same officers who broke the suspect’s face in the previously described manner.  Finally, if officers arrest a suspect for walking away from them and cursing  (what Pueblo officers, the District Attorney, and Justice Coates in his dissent consider to be “disorderly conduct”), the Supreme Court will suppress any evidence the officers collect subject to such arrest, including the cocaine he indicates is in his shirt pocket.

You can read the whole opinion here .

Aaron, www.mahrelaw.com

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