14 Colorado opinions name it 2 courts 1982–2021 1 in the last five years
The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Daileygreen2 sentences2018People v. Dailey , 639 P.2d 1068 , 1075 (Colo. 1982). 5 ¶ 9 If the trial court holds a veracity hearing, it must determine whether the affidavit contains erroneous statements and, if so, whether they are the result of "intentional falsehood or reckless disregard for the truth on the part of the officer-affiant." Id. 2018People v. Dailey , 639 P.2d 1068 , 1075 (Colo. 1982). 5 ¶ 9 If the trial court holds a veracity hearing, it must determine whether the affidavit contains erroneous statements and, if so, whether they are the result of "intentional falsehood or reckless disregard for the truth on the part of the officer-affiant." Id. | 5 | 12 |
People v. Windengreen2 sentences2001See Winden, 689 P.2d at 581 (setting forth requirements for a veracity hearing to comply with the Fourth Amendment of the federal constitution); Dailey, 639 P.2d at 1075 (allowing a defendant to make a specific, good-faith challenge to the veracity of an affidavit supporting a warrant). 2001See Winden, 689 P.2d at 581 (setting forth requirements for a veracity hearing to comply with the Fourth Amendment of the federal constitution); Dailey, 639 P.2d at 1075 (allowing a defendant to make a specific, good-faith challenge to the veracity of an affidavit supporting a warrant). | 2 | 2 |
People v. Martinezgreen2 sentences1988This is contrary to reason and to our decision in People v. Martinez, 658 P.2d 260 (Colo. 1983). 1988Martinez, 658 P.2d at 263 (Rovira, J., dissenting). [2] The procedure followed in Martinez was unusual in that the trial court held an evidentiary hearing to determine whether the two conditions for a veracity hearing had been met. | 2 | 2 |
People v. Reedgreen1 sentence2008People v. Reed, 56 P.3d 96, 99 (Colo.2002) (citing Dailey, 639 P.2d at 1075 ). | 1 | 1 |
People v. Drakegreen1 sentence1996See People v. Drake, supra. Ill Defendant finally contends that the trial court erred in declining to hold a veracity hearing to test a detective’s affidavit filed in support of a search warrant for a subsequent search of defendant’s apartment. | 1 | 1 |
People v. Pannebakergreen1 sentence1996See People v. Pannebaker, supra. We thus conclude that defendant’s request for a veracity hearing was misplaced. | 1 | 1 |
People v. Buenogreen2 sentences1988We have previously stated that the trial court may order disclosure if "disclosure of an informant's identity is essential to a fair determination of a suppression motion." E.g., People v. Bueno, 646 P.2d 931, 935 (Colo.1982). 1988People v. Bueno, 646 P.2d 931, 935-36 (Colo.1982). "[A]t a suppression hearing, where a defendant attacks the veracity of a police officer-affiant he is attacking the credibility determination that has been made previously [by the magistrate who issued the search warrant]; albeit that such determination was an ex parte one." Pennsylvania v. Bonasorte, 337 Pa.Super. 332 , 486 A.2d 1361, 1373 (1984). [10] The language of the defendants' motion set forth above seems to indicate that the defendants were challenging the veracity of the officer-affiant, rather than the veracity of the confidential i | 1 | 1 |
People v. Nunezgreen2 sentences1988We addressed this "difficult question,” however, in People v. Nunez, where we rejected the prosecution’s contention that only the veracity of the officer-affiant can be attacked in a veracity hearing. 658 P.2d 879, 881 (Colo.), cert. granted, 464 U.S. 812 , 104 S.Ct. 65 , 78 L.Ed.2d 80 , cert. dismissed, 465 U.S. 324 , 104 S.Ct. 1257 , 79 L.Ed.2d 338 (1983). 1988We addressed this "difficult question," however, in People v. Nunez, where we rejected the prosecution's contention that only the veracity of the officer-affiant can be attacked in a veracity hearing. 658 P.2d 879, 881 (Colo.), cert. granted, 464 U.S. 812 , 104 S.Ct. 65 , 78 L.Ed.2d 80 , cert. dismissed, 465 U.S. 324 , 104 S.Ct. 1257 , 79 L.Ed.2d 338 (1983). " Dailey recognized that errors in an affidavit for a search warrant can result `from the informant's perjury or reckless disregard for the truth, or from the negligence or good faith mistake of either the officer or the informant.'" Id. ( | 1 | 1 |
People v. Cookgreen2 sentences1988Colorado has instead adopted the “less demanding” standard that the defendant is entitled to a veracity hearing "upon a showing of some good faith basis in fact to question the accuracy of an affidavit.” Id. . 1988Colorado has instead adopted the "less demanding" standard that the defendant is entitled to a veracity hearing "upon a showing of some good faith basis in fact to question the accuracy of an affidavit." Id. [8] In Franks v. Delaware , "the statement challenged by the defendant was that named persons had made certain declarations to the affiant-officer," therefore the integrity of the affiant-officer was being challenged, not the integrity of the confidential informant. 2 W. | 1 | 1 |
Commonwealth v. Bonasortegreen2 sentences1988People v. Bueno, 646 P.2d 931, 935-36 (Colo.1982). "[A]t a suppression hearing, where a defendant attacks the veracity of a police officer-affiant he is attacking the credibility determination that has been made previously [by the magistrate who issued the search warrant]; albeit that such determination was an ex parte one." Pennsylvania v. Bonasorte, 337 Pa.Super. 332 , 486 A.2d 1361, 1373 (1984). [10] The language of the defendants' motion set forth above seems to indicate that the defendants were challenging the veracity of the officer-affiant, rather than the veracity of the confidential i 1988People v. Bueno, 646 P.2d 931, 935-36 (Colo.1982). "[A]t a suppression hearing, where a defendant attacks the veracity of a police officer-affiant he is attacking the credibility determination that has been made previously [by the magistrate who issued the search warrant]; albeit that such determination was an ex parte one." Pennsylvania v. Bonasorte, 337 Pa.Super. 332 , 486 A.2d 1361, 1373 (1984). [10] The language of the defendants' motion set forth above seems to indicate that the defendants were challenging the veracity of the officer-affiant, rather than the veracity of the confidential i | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Franks v. Delaware
green
2 sentences2018In contrast to the "good faith basis" showing we require to request a veracity hearing, under Franks , a veracity challenge may be made only if there is "a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included ... in the ... affidavit." Franks , 438 U.S. at 155 -56 , 98 S.Ct. 2674 . 6 Cox's motion to suppress suffers from the same deficiency and may have inadvertently led the trial court down the primrose path to error. 2018In contrast to the "good faith basis" showing we require to request a veracity hearing, under Franks , a veracity challenge may be made only if there is "a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included ... in the ... affidavit." Franks , 438 U.S. at 155 -56 , 98 S.Ct. 2674 . 6 Cox's motion to suppress suffers from the same deficiency and may have inadvertently led the trial court down the primrose path to error. | 5 | 1982–2018 |
People v. Flores
green
2 sentences2018People v. Flores , 766 P.2d 114 , 118 (Colo. 1988). 1996In this regard, the court relied upon People v. Flores, 766 P.2d 114 (Colo.1988) and People v. Dailey, supra. On appeal, defendant in effect contends that because the motion alleged that facts had been misstated based upon prior police reports produced in discovery, no verification was necessary to establish a good faith basis for a veracity hearing. | 3 | 1996–2018 |
State v. Rowan, George
green
1 sentence2021Rowan , 416 P.3d at 572 . 2 Our analysis eliminates the need to address the trial court 's alternative reasoning regarding the CI's credibility absent the controlled buys. 3 This decision does not preclude McKay from requesting a veracity hearing to test the accuracy of the attestations in the affidavit. | 1 | 2021–2021 |
In re Hallstrom
neutral
2 sentences1988We addressed this "difficult question,” however, in People v. Nunez, where we rejected the prosecution’s contention that only the veracity of the officer-affiant can be attacked in a veracity hearing. 658 P.2d 879, 881 (Colo.), cert. granted, 464 U.S. 812 , 104 S.Ct. 65 , 78 L.Ed.2d 80 , cert. dismissed, 465 U.S. 324 , 104 S.Ct. 1257 , 79 L.Ed.2d 338 (1983). 1988We addressed this "difficult question," however, in People v. Nunez, where we rejected the prosecution's contention that only the veracity of the officer-affiant can be attacked in a veracity hearing. 658 P.2d 879, 881 (Colo.), cert. granted, 464 U.S. 812 , 104 S.Ct. 65 , 78 L.Ed.2d 80 , cert. dismissed, 465 U.S. 324 , 104 S.Ct. 1257 , 79 L.Ed.2d 338 (1983). " Dailey recognized that errors in an affidavit for a search warrant can result `from the informant's perjury or reckless disregard for the truth, or from the negligence or good faith mistake of either the officer or the informant.'" Id. ( | 1 | 1988–1988 |
Colorado v. Nunez
green
2 sentences1988We addressed this "difficult question,” however, in People v. Nunez, where we rejected the prosecution’s contention that only the veracity of the officer-affiant can be attacked in a veracity hearing. 658 P.2d 879, 881 (Colo.), cert. granted, 464 U.S. 812 , 104 S.Ct. 65 , 78 L.Ed.2d 80 , cert. dismissed, 465 U.S. 324 , 104 S.Ct. 1257 , 79 L.Ed.2d 338 (1983). 1988We addressed this "difficult question," however, in People v. Nunez, where we rejected the prosecution's contention that only the veracity of the officer-affiant can be attacked in a veracity hearing. 658 P.2d 879, 881 (Colo.), cert. granted, 464 U.S. 812 , 104 S.Ct. 65 , 78 L.Ed.2d 80 , cert. dismissed, 465 U.S. 324 , 104 S.Ct. 1257 , 79 L.Ed.2d 338 (1983). " Dailey recognized that errors in an affidavit for a search warrant can result `from the informant's perjury or reckless disregard for the truth, or from the negligence or good faith mistake of either the officer or the informant.'" Id. ( | 1 | 1988–1988 |
Heckler v. Community Health Services of Crawford County, Inc.
green
2 sentences1988We addressed this "difficult question,” however, in People v. Nunez, where we rejected the prosecution’s contention that only the veracity of the officer-affiant can be attacked in a veracity hearing. 658 P.2d 879, 881 (Colo.), cert. granted, 464 U.S. 812 , 104 S.Ct. 65 , 78 L.Ed.2d 80 , cert. dismissed, 465 U.S. 324 , 104 S.Ct. 1257 , 79 L.Ed.2d 338 (1983). 1988We addressed this "difficult question," however, in People v. Nunez, where we rejected the prosecution's contention that only the veracity of the officer-affiant can be attacked in a veracity hearing. 658 P.2d 879, 881 (Colo.), cert. granted, 464 U.S. 812 , 104 S.Ct. 65 , 78 L.Ed.2d 80 , cert. dismissed, 465 U.S. 324 , 104 S.Ct. 1257 , 79 L.Ed.2d 338 (1983). " Dailey recognized that errors in an affidavit for a search warrant can result `from the informant's perjury or reckless disregard for the truth, or from the negligence or good faith mistake of either the officer or the informant.'" Id. ( | 1 | 1988–1988 |
Brady v. Maryland
green
2 sentences1988He held: I conclude thereby that inasmuch as the prosecution is not willing to identify and produce the informant for purposes of the in camera interview by the court for possible revelation to the defendant, or defendants I should say, incident to the veracity challenge and incident to the motion to suppress, that as an appropriate and proper sanction for the refusal to obey the order of court and to further protect the rights of the defendants in accordance with Brady v. Maryland, [ 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963),] that I am going to grant the motions to suppress filed b 1988He held: I conclude thereby that inasmuch as the prosecution is not willing to identify and produce the informant for purposes of the in camera interview by the court for possible revelation to the defendant, or defendants I should say, incident to the veracity challenge and incident to the motion to suppress, that as an appropriate and proper sanction for the refusal to obey the order of court and to further protect the rights of the defendants in accordance with Brady v. Maryland, [ 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963),] that I am going to grant the motions to suppress filed b | 1 | 1988–1988 |
Colorado v. Nunez
green
2 sentences1988We addressed this "difficult question," however, in People v. Nunez, where we rejected the prosecution's contention that only the veracity of the officer-affiant can be attacked in a veracity hearing. 658 P.2d 879, 881 (Colo.), cert. granted, 464 U.S. 812 , 104 S.Ct. 65 , 78 L.Ed.2d 80 , cert. dismissed, 465 U.S. 324 , 104 S.Ct. 1257 , 79 L.Ed.2d 338 (1983). " Dailey recognized that errors in an affidavit for a search warrant can result `from the informant's perjury or reckless disregard for the truth, or from the negligence or good faith mistake of either the officer or the informant.'" Id. ( 1988We addressed this "difficult question," however, in People v. Nunez, where we rejected the prosecution's contention that only the veracity of the officer-affiant can be attacked in a veracity hearing. 658 P.2d 879, 881 (Colo.), cert. granted, 464 U.S. 812 , 104 S.Ct. 65 , 78 L.Ed.2d 80 , cert. dismissed, 465 U.S. 324 , 104 S.Ct. 1257 , 79 L.Ed.2d 338 (1983). " Dailey recognized that errors in an affidavit for a search warrant can result `from the informant's perjury or reckless disregard for the truth, or from the negligence or good faith mistake of either the officer or the informant.'" Id. ( | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.