Divided Appeals Court Upholds Convictions
A Colorado court has upheld a man's convictions for unlawful possession of a firearm, despite acknowledging potentially unfair contradictory police testimony.
Matthew Torres attempted to exclude evidence of a handgun found in his waistband, arguing that police stopped and frisked him in violation of the Fourth Amendment.
The majority acknowledged it was potentially unfair that a Denver officer testified to a different sequence of events at trial than earlier in the case.
- Torres argued police had no reasonable suspicion to stop him.
- A trial judge disagreed, finding police had reasonable suspicion based on pretrial testimony from an officer who claimed to have seen a gun on Torres before he was seized.
Author's summary: Court upholds convictions despite unfair police testimony.
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