Appellant Brief on Whether an Illegal Stop Can Affect a License Revocation

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Highlights:

Whether or not the exclusionary rule applies in driver’s license revocation proceedings, the express consent statute does not allow the Department of Revenue to revoke a driver’s license pursuant to section 42-2-126 on the basis of a search that itself is the product of an illegal stop and arrest. In this case we argued that, The court of appeals erred in holding that a driver cannot rely on the exclusionary rule to raise the illegality of initial police contact as a defense in a driver’s license revocation proceeding conducted pursuant to section Colorado Law,

Note statute has changed this since the appeal.

Description

Description

Whether or not the exclusionary rule applies in driver’s license revocation proceedings, the express consent statute does not allow the Department of Revenue to revoke a driver’s license pursuant to section 42-2-126 on the basis of a search that itself is the product of an illegal stop and arrest. In this case we argued that, The court of appeals erred in holding that a driver cannot rely on the exclusionary rule to raise the illegality of initial police contact as a defense in a driver’s license revocation proceeding conducted pursuant to section Colorado Law,

Note statute has changed this since the appeal.

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  • Store Name: Business Law Experts
  • Vendor: Business Law
  • Address: 7175 W. Jefferson Ave.
    #2800
    Lakewood, CO 80235
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