PEOPLE v. FUERST

Supreme Court Case No. 13SA39.

302 P.3d 253 (2013)

2013 CO 28

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kim Maurice FUERST, Defendant-Appellee.

Supreme Court of Colorado.

May 20, 2013.


Attorney(s) appearing for the Case

Attorneys for Plaintiff-Appellant: Pete Hautzinger , District Attorney, Twenty-First Judicial District, Daniel P. Rubinstein , Chief Deputy District Attorney, Grand Junction, Colorado.

Attorneys for Defendant-Appellee: Douglas K. Wilson , Colorado State Public Defender, Thea Reiff , Deputy State Public Defender, Grand Junction, Colorado.

En Banc


JUSTICE RICE delivered the Opinion of the Court.

¶ 1 In this suppression case, we hold that Respondent Kim Maurice Fuerst's decision to silently remain behind a locked door inside his home did not constitute an express refusal of consent to a police search. Therefore, Fuerst's wife's free and voluntary consent to the search of the couple's home was valid as to Fuerst. We accordingly reverse the order of the trial court...

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