Menu icon Access the Business Officer Magazine menu by clicking or touching here.
Colorado Lawyer Magazine logo, click or touch this logo to return to the homepage Click or touch the Colorado Lawyer Magazine logo to return to the homepage. Search

People v. Johnson.

2021 CO 35. No. 20SC6. Searches, Seizures, and Arrests—Competency of Impeachment Evidence—Necessity and Scope of Proof.

May 24, 2021


In this case, the Supreme Court reviewed a decision of a divided panel of the Court of Appeals holding that the trial court reversibly erred by forcing defendant to choose between excluding unconstitutionally seized evidence and fully pursuing an alternate suspect theory at trial, thereby violating his right to present a complete defense. The Court held that the impeachment exception to the exclusionary rule does not extend to a defendant’s truthful, yet incomplete, presentation of evidence: A defendant may offer such evidence, under the circumstances here, without opening the door to previously suppressed evidence.

Accordingly, the Court of Appeals’ judgment was affirmed.

Official Colorado Supreme Court proceedings can be found at the Colorado Supreme Court website.

Back to the From the Courts Page