PEOPLE v. SEYMOUR

Supreme Court Case No. 23SA12.

536 P.3d 1260 (2023)

2023 CO 53

In re: The PEOPLE of the State of Colorado, Plaintiff, v. Gavin SEYMOUR, Defendant.

Supreme Court of Colorado.

October 16, 2023.


Attorney(s) appearing for the Case

Attorneys for Plaintiff: Beth McCann , Denver District Attorney, Katherine A. Hansen , Senior Deputy District Attorney, Joseph M. Morales , Chief Deputy District Attorney, Courtney L. Johnston , Chief Deputy District Attorney, Denver, Colorado.

Attorneys for Defendant: Stinson Law Office, Jenifer Stinson , Denver, Colorado, The Juba Law Office, PLLC, Michael S. Juba , Denver, Colorado, National Association of Criminal Defense Lawyers, Michael W. Price, Washington, District of Columbia.

Attorneys for Respondent District Court, City and County of Denver: Natalie Hanlon Leh , Chief Deputy Attorney General, Trina K. Kissel , Senior Assistant Attorney General, Peter G. Baumann , Assistant Attorney General, Denver, Colorado.

Attorneys for Amicus Curiae Colorado Attorney General: Philip J. Weiser , Attorney General, Jillian J. Price , Deputy Attorney General, Helen Norton , Special Assistant Attorney General, Brock J. Swanson , Senior Assistant Attorney General, Matthew J. Worthington , Assistant Attorney General, Denver, Colorado.

Attorneys for Amicus Curiae Colorado District Attorneys' Council: Kevin E. McReynolds , Senior Appellate Deputy District Attorney, Golden, Colorado, Thomas R. Raynes , Denver, Colorado.

Attorneys for Amicus Curiae Electronic Frontier Foundation: Proff Law, LLC, Hannah Seigel, Proff Denver, Colorado, Jennifer Lynch , San Francisco, California.

Attorneys for Amicus Curiae Electronic Privacy Information Center: Calli Schroeder , Washington, District of Columbia.

JUSTICE HOOD delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT, JUSTICE GABRIEL, and JUSTICE HART joined. JUSTICE BERKENKOTTER concurred in the judgment. JUSTICE MÁRQUEZ, joined by JUSTICE SAMOUR, dissented.


¶1 Two months after an apparent arson left five people dead, the Denver Police Department ("DPD") still had no suspects. Their leads exhausted, they employed an unconventional investigative technique: a "reverse-keyword warrant." After some back and forth about the language in the warrant, Google...

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