bill schurman

bill schurman 6 days, 21 hours ago on Fourth excessive force lawsuit filed against city

!1:30 PM outside a bar on Yampa Street (drinking/ drunk??) two men are engaging in a "friendly scuffle", tripping and one putting the other in a (friendly?) headlock and laughing ( as drunks will do?) "so no reasonable person could believe they were fighting: ", then the cops with out any warning or announcement (according to Hynes and Livingston) grab each man to break up the alleged "friendly scuffle", and others at the scene say that the two are friends. What's wrong with this picture ? I'd love to defend the city on this one. Depositions would be fun.

0

bill schurman 3 weeks, 1 day ago on Margaret Stees: Honesty not always best

I argued the case as a Deputy State Public Defender (never a prosecutor, save as the town attorney for the Town of Oak Creek, Colorado when I was in private practice in the late '70s & early '80s). The SCOTUS will never overturn the 1990 case (Michigan v. Sitz). The Colorado Supreme Court CAN grant greater freedoms under the Colorado Constitution than what the SCOTUS rules under the 4th Amendment , however overturning the Rister case is VERY unlikely given that the present Court is more conservative than the 1990 Court.

0

bill schurman 3 weeks, 1 day ago on Margaret Stees: Honesty not always best

The CSP stands for the "Colorado State Patrol" but the person who arrested you is called a "trooper" and for good reason. A very militaristic outfit. And, BTW: Tom, I argued the constitutionality of sobriety checkpoints in the Colorado Supreme Court in People v. Rister, 803 P. 2d 483 (1990) and in a 4-3 opinion the Court upheld the constitutionality of them. The minority opinion was longer than the majority opinion. The CO S Court majority followed the SCOTUS opinion decided in 1990 ( and the CO SC held up oral argument awaiting the SCOTUS opinion which I believe was authored by Rehnquist who was no friend of the 4th Amendment).

0

Prev