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AHART v. COLORADO DEPT. OF CORRECTIONS

No. 96SC751.

964 P.2d 517 (1998)

Charles E. AHART; Gavin McWhirter; and State Personnel Board, State of Colorado, Petitioners, v. COLORADO DEPARTMENT OF CORRECTIONS, DIVISION OF ADULT SERVICES, BUENA VISTA CORRECTIONAL FACILITY, Respondent.

Supreme Court of Colorado, En Banc.

September 14, 1998.

Attorney(s) appearing for the Case

Carol M. Iten, Denver, for Charles Ahart and Gavin McWhirter.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Linda L. Siderius, Deputy Attorney General, Richard Djokic, First Assistant Attorney General, Mary S. McClatchey, Assistant Attorney General, Regulatory Law Section, Denver, for State Personnel Board.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Paul Farley, Deputy Attorney General, John August Lizza, First Assistant Attorney General, David A. Beckett, Assistant Attorney General, State Services Section, Denver, for Respondent.

Justice BENDER delivered the Opinion of the Court.

The issue before us is whether to extend the exclusionary rule enunciated in Weeks v. United States, 232 U.S. 383, 398, 34 S.Ct. 341, 58 L.Ed. 652 (1914) to civil hearings to terminate a correctional officer for admitted drug use. We decline to apply the rule to this case.

The exclusionary rule is a judicially created remedy intended to protect the constitutional right...

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