Recent content by Chomsky

Correct.

I mentioned this earlier but it is extremely important. Law Enforcement (LE) doesn't simply designate a warrant as sealed or not. In Colorado, LE has to show by clear and convincing evidence that unless the warrant is sealed there is a substantial risk of injury to persons or property.

Consent is not probable cause. Consent can, however, give rise to probable cause. For example, suppose you give me consent to search your person and in doing so I find cocaine. And I have undergone specific training and can readily identify cocaine. Upon positively identifying the cocaine, I...

Probable Cause (PC) for a search warrant (SW) requires showing that there is a substantial probability that items searched for are: (1) Connected with criminal activity, and; (2) Likely to be found on the premises. How do the police persuade an impartial magistrate that there’s a...

I am not aware of the purported thirty (30) year trend you mention, so I can't comment. What I will say is that it isn't easy to persuade a judge to seal a search warrant. As I mentioned earlier, the police in this case would have had to demonstrate by clear and convincing evidence that there...

Highly unlikely. Remember, these are trained professionals and they have to be meticulous while working against the clock. These aren't detectives in an interrogation room. They are processing a scene, a very large scene at that. And again, the clock is their enemy.

Under Colorado law "an order to seal [a warrant] may only be based on a demonstration, by clear and convincing evidence, that there is a substantial risk of injury to persons or property if an order to seal is not granted." This is not a PSYOP. The "clear and convincing" standard is a...

No. Probable cause must relate to an alleged crime or criminal activity. It is not a crime to go missing.

Another outstanding question! Answer: Yes, the police can deny the owners access to the property without a search warrant but only under certain conditions. The police have to be diligently working on the search warrant application and obtain the search warrant within a reasonable period of...

Excellent question! Answer: No. If the police receive consent from the owner, the police may conduct a warrantless search. In fact, I am pretty sure consent searches are the most common form of warrantless search. If the owner does not give consent, then the police must obtain a search...

I don't know how SM and BM hold their assets. Neither do you. My post was aimed at correcting the impression that it would take some kind of legal wizardry for the marital estate to have a less than equal distribution upon death. That's all.

I stand happily corrected! I always think of California, Nevada, Arizona, New Mexico, Colorado, and Texas as a unit of sorts (we acquired their territories after the Mexican-American war). And all of them BUT Colorado are community property jurisdictions.

You do not need a "very specific trust." There are several straightforward ways to acquire flexibility over the way assets are distributed in a marital estate (either upon death or divorce). Furthermore, community property jurisdictions, like Colorado, recognize the existence of “separate...