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Using keyless remote to find defendant's car was not an illegal detention of the remote under Place

By John Wesley Hall, Jr.

Police had reasonable suspicion that was developing into probable cause. They found on him a keyless remote to a car, and they took it to check which car was his. The temporary seizure of the remote, and thus the car, was not unreasonable under Place (a suitcase). The car was not even entered until an arrest warrant was found. People v. Tallent, 2008 Colo. LEXIS 1 (January 14, 2008): Based on the criteria set out in Ortega, we find that the temporary detention of Tallent's car by using the keyless remote and staying with the running car was not unreasonable. We come to this conclusion based on the following facts. First, Leslie used the keyless remote to determine if the car was in the immediate vicinity. Then, an officer merely stayed with the car while Leslie and others sought an explanation to why Tallent evaded police...continue to full post

Full post as published by Fourth Amendment on January 16, 2008 (boomark / email).