--Paul E. Padilla

On June 20, 2016, the U.S. Supreme Court issued a ruling in Utah v. Strieff that allows the police to use evidence in a criminal case, even when the police collect the evidence unconstitutionally.
 
The general rule is that if the police violate your constitutional rights when collecting evidence, they are not allowed to use that evidence to prosecute you in a criminal case. Although there are exceptions to this rule, it is a right created by the 4th Amendment of the U.S. Constitution. In short, the police cannot benefit from breaking the rules.
 
In Utah v. Strieff, the Supreme Court expanded one of the exceptions to the rule, which will allow the police to use evidence against you, even if the evidence is collected illegally.
 
In this case, the police were watching a house where they thought drugs were being sold. They saw a man walk out of the house and down the street. The police had no evidence that the man had committed any crime. The police stopped the man and demanded his ID. When the man gave the police his ID, they learned that he had an arrest warrant from a completely different crime, so they arrested him. As they arrested him, they discovered methamphetamine in his pocket, which was used against him at trial.
 
When the police first stopped the man, it was an illegal stop because the police did not have any evidence to believe that the man had committed a crime. Before this case, the drugs found in the man’s pocket could not have been used in his prosecution because the police violated his constitutional rights.

But, this case now allows the police to use the evidence in prosecution, even if the original stop was illegal. The Supreme Court expanded a rule called the “attenuation doctrine” so a court will now consider three factors to decide if the police can use the evidence:

1. temporal proximity (timing between the police’s illegal activity and finding the evidence);
2. intervening circumstances (the relationship between the reason for finding the evidence and the illegal activity); and
3. purpose and flagrancy of misconduct (what kind of illegal activity did the police do).

 
This test is very dangerous for ordinary citizens, because it gives the police an incentive to conduct illegal searches with the possibility of finding very bad evidence. 

For example, the police could pull over a car for no reason, with the hope that the driver has an arrest warrant, past due child support, or drugs in the car.  Essentially, it will reward the police for making illegal stops, as long as the illegal activity is minor (stopping you on the street or pulling your car over) and does not relate to the reason for the illegal search (they stop you while driving, but find that you have bail violations for other crimes).

The Court's full decision is below:

-- Beth Padilla
 
Many families are faced with difficult situations where a parent is not able to care for his or her child. In that situation, it is not uncommon for a grandparent, aunt, uncle, or other relative to step in to care for the child until the parent is able to do so. It is important to ensure the caregiver relative has the appropriate legal documentation in place to care for the child. For example, in an informal arrangement, the caregiver may not be able to enroll the child in school or seek routine medical attention for the child.
 
Some caregivers will choose to petition the Court for guardianship. In Colorado, we have three types of guardianship: (1) emergency guardianship, (2) temporary guardianship, and (3) guardianship.
 
The Court may appoint an emergency guardian pursuant to C.R.S. 15-14-204(5) when the normal procedures for appointment of a guardian will “likely result in substantial harm to a minor's health or safety and that no other person appears to have authority to act in the circumstances, the court, on appropriate petition, may appoint an emergency guardian for the minor.” An emergency guardianship cannot last for more than sixty (60) days.
 
Another option is for the caregiver to file for temporary guardianship. The Court may appoint a temporary guardian pursuant to C.R.S. 15-14-204(4) “upon a showing that an immediate need exists and that the appointment would be in the best interest of the minor.” A temporary guardianship cannot last for more than six (6) months.
 
The final option would be to seek a full guardianship. A guardianship will last until the child reaches eighteen (18) years of age.
 
There are many considerations when deciding whether to petition the Court for a guardianship. It is important to remember that every situation is different and this brief explanation of guardianship is only one part of a very complex legal situation. 

Beth Padilla was recently selected for membership into The National Advocates: Top 40 Under 40. The National Advocates: Top 40 Under 40 is a professional organization comprised of America's top attorneys 40 years of age and under in the areas of Matrimonial and Family Law, Bankruptcy Law, Social Security Disability Law, Employment Law, Immigration Law, and Wills, Trusts, and Estate Law. 

-- Beth Padilla

Updated: 03/16/2017
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What is mediation?

Black’s Law Dictionary defines mediation as “the act of a third person who interferes between two contending parties with a view to reconcile them or persuade them to adjust or settle their dispute.”

Why should I mediate?

Mediation can be helpful in order to resolve disputes without involving the court. Often, clients that are able to mediate even one issue save thousands of dollars on attorney’s fees. Mediation can also preserve a working relationship between the parties because it can eliminate or lessen the amount of time the parties spend in court. In addition, meditation can offer a relatively quick resolution to a dispute.

What type of case should be mediated?

Many types of cases can be mediated. Mediation is often very beneficial in dissolution of marriage and child custody cases. It is not uncommon for a dissolution of marriage case to cost each party thousands of dollars. If the parties are able to sit down with an impartial party with experience in family law matters, it will likely save them a substantial amount of money.

How does mediation work?

Every mediator will handle mediation differently. Generally, we will ask the parties to submit a pre-mediation statement outlining the issues and the parties’ position. Then, the mediator will meet with both of the parties at the same time. The mediator will facilitate the discussion between the parties. The goal of mediation is for the parties to reach an agreement that will be binding in the case. If the parties reach an agreement, the mediator will draft the agreement and the parties will sign it. The agreement will then be filed with the court.

Padilla Law Mediators

Paul Padilla has been successfully mediating cases for five years. He was professionally trained in Denver. Beth Padilla recently underwent forty hours of professional training. Both Paul and Beth are accepting mediation clients. Padilla Law will offer one Saturday mediation slot per month.

Padilla Law, P.C. is pleased to announce that it has relocated to its new offices, located at 150 East 9th Street, Suite 100, Durango, Colorado 81301, on the first floor of the Colorado Heritage Plaza.

The firm's telephone and fax numbers, email addresses, mailing address, and website will remain the same.  We look forward to serving you in our new facilities.

Padilla Law, P.C. is proud to announce that Beth Padilla has been designated as a Colorado Rising Star 2014 by Super Lawyers.

"Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country.

The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. All attorneys first go through the Super Lawyers selection process. Those who are not selected to the Super Lawyers list, but who meet either one of the Rising Stars eligibility requirements, then go through the Rising Stars selection process. While up to five percent of the lawyers in the state are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list." http://www.superlawyers.com.

Beth Padilla was designated as a Rising Star in her Immigration practice.