PEOPLE v. TAFOYA

Supreme Court Case No. 20SC9.

494 P.3d 613 (2021)

2021 CO 62

The PEOPLE of the State of Colorado, Petitioner, v. Rafael Phillip TAFOYA, Respondent.

Supreme Court of Colorado.

September 13, 2021.


Attorney(s) appearing for the Case

Attorneys for Petitioner: Philip J. Weiser , Attorney General, Rebecca A. Adams , Senior Assistant Attorney General, Trina Kissel Taylor , Assistant Attorney General, Denver, Colorado.

Attorney for Respondent: Robert P. Borquez , Denver, Colorado.

Attorneys for Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Colorado, and Electronic Frontier Foundation: American Civil Liberties Union Foundation of Colorado, Mark Silverstein, Sara R. Neel , Denver, Colorado, American Civil Liberties Foundation Nathan Freed Wessler, New York, New York.

En Banc.


¶1 Because the police suspected Rafael Tafoya of drug trafficking, they mounted a camera on a utility pole across the street from his house without first securing a warrant. The pole camera continuously recorded footage of Tafoya's property—including his backyard, which was...

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