People v. Castro-Velasquez.

2026 CO 49. No. 24SC533. Fourth Amendment—Search and Seizure—Nontestimonial Identification Evidence.

June 23, 2026

In this criminal case, Castro-Velasquez was subject to a Crim. P. 41.1 order, which allows law enforcement officers to collect nontestimonial identification evidence, like DNA or fingerprints, under certain circumstances that amount to less than probable cause. Rule 41.1 prevents officers from simultaneously interrogating the defendant while collecting evidence authorized by the rule.

Applying People v. Harris, 762 P.2d 651 (Colo. 1988), the supreme court held that the execution of a Rule 41.1 order begins when the suspect is seized for Fourth Amendment purposes; that is, when a reasonable person in that situation would no longer feel free to leave. On the facts of this case, the court concluded that Castro-Velasquez had been seized, and the execution of the order had begun, prior to Castro-Velasquez making the inculpatory statements at issue. Because the Rule 41.1 order had begun, this interrogation was improper and the inculpatory statements should have been suppressed. Accordingly, the judgment of the court of appeals was affirmed.