People v. Schneider.

2026 CO 27. No. 26SA55. Jurisdiction—Interlocutory Appeal—CRS § 16-12-102(2)—C.A.R. 4.1.

May 4, 2026

The supreme court concluded that CRS § 16-12-102(2) and C.A.R. 4.1 do not authorize the prosecution to file an interlocutory appeal to review a district court’s order granting a defendant’s pretrial motion to exclude evidence under CRS § 24-31-902. CRS § 24-31-902(1)(a)(II)–(III) requires officers to activate their body-worn cameras under certain circumstances, and if an officer fails to do so, it creates a rebuttable presumption of inadmissibility for any unrecorded evidence related to the incident. Here, Schneider moved to exclude evidence under § 24-31-902, and the district court granted the motion under that statute. Thus, the supreme court lacked appellate jurisdiction to consider this case as an interlocutory appeal under § 16-12-102(2) and C.A.R. 4.1, and it dismissed the appeal.