People v. Mills.

2025 CO 47. 24SA148. Seizure—Search—Search Warrant—Reasonable Delay—Suppression of Evidence—C.A.R. 4.1.

June 30, 2025

The supreme court reviewed the trial court’s order suppressing drug evidence found in a vehicle on grounds that the seizure of the vehicle was unconstitutionally extended when police waited three days to apply for a warrant to search the vehicle.

To determine whether a seizure of property based on probable cause was reasonably extended to apply for a warrant to search that property, the court established a four-factor balancing test that considers (1) the length of the delay, (2) the nature and strength of the individual’s possessory interest in the property seized, (3) the strength of the government’s justification for the delay, and (4) the government’s diligence in applying for a search warrant.

Applying that balancing test here, the court concluded that the delay between the initial seizure and the search of the vehicle was reasonable. The court thus reversed the trial court’s suppression order.