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PEOPLE v. SCHUTTER

No. 10SA304.

249 P.3d 1123 (2011)

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Devin Wallace SCHUTTER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 28, 2011.

Attorney(s) appearing for the Case

Martin C. Beeson , District Attorney, Arnold P. Mordkin , Chief Deputy District Attorney, Aspen, Colorado, Attorneys for Petitioner.

Ridley, McGreevy, Winocur & Weisz, P.C., Kevin McGreevy , Denver, Colorado, Attorneys for Respondent.

Justice COATS delivered the Opinion of the Court.

The People brought an interlocutory appeal pursuant to section 16-12-102(2), C.R.S. (2010), and C.A.R. 4.1, challenging the suppression of evidence seized following a warrantless 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...

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