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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.

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