Tattered Cover v The City of Thornton

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Tattered Cover -v-The City of Thornton

• Our First Amendment Right
• Jeff Aitken

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Definitions

• Methamphetamine
• Stimulant of central nervous system
• Nexus
• Connection
• En Banc
• With full judicial authority
• Inculpatory
• Incriminate
• Exculpatory
• To clear from alleged fault or guilt
• Mens Rea
• Criminal intent

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Tattered Cover

• Store Owner
• Joyce Meskis
• Counsel
• Recht Kornfield
• Others involved
• ACLU, Center for Freedom of Expression, American
  Library Association, and 15 other organizations

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North Metro Task Force(N.M.T.F.)

• Adams County
• Brighton
• Broomfield
• Commerce City
• Federal Heights
• Northglenn
• Thornton
• Westminster

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N.M.T.F.

• Purpose
• Combat illicit drug activity
• Work with local and federal agencies
• Enact legislation
• Provide training
• Education and Awareness

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Defendants-Appellees

• City of Thornton
• Officer Goin
• Lt. Moriarty
• Drug Enforcement Administration
• Investigator Mcfarland

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Colorado Supreme Court

• Justice Michael L. Bender
• Appointed January 2, 1997
• Private Practice
• Delivered opinion en banc
• Colorado System
• Trial Court
• Court of Appeals
• CO Supreme Court
• Final Court in CO

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Citys Argument

• 1 - Prove the mens rea of the crime
• 2 - Prove the Suspect occupied the residence
• 3 Connects the Suspect to the Crime

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Plantiffs Argument

• Violation of First Amendment
• Customers would not feel at ease
• Chilling Effect

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Facts of the Case

• March 13, 2000
• Ongoing drug investigation
• NMTF/DEA
• Monitoring Trailer Home in Adams County
• Investigation led to garbage
• Evidence of manufacturing Methamphetamines

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Facts

• Evidence Seized
• Two books (new)
• Envelope mailer
• Tattered Cover Label
• Books fit mailer

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Facts

• Enough P/C to arrest suspect
• But wanted to gather more evidence
• Admin Subpoena from DEA
• Lacks any legal force or effect
• Applied for Search Warrant
• Adams County D.A.
• Denied Concerns of scope and subject matter
• Denver County D.A.
• Approved

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Facts

• April 5, 2000
• Warrant Executed
• Tattered Cover Atty Contacted Denver D.A.
• Restraining order against Warrant
• Tattered Cover brought suit against the City and
  the officers attempting to execute warrant

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Trial Court

• Balancing Test (4 Part)
• Whether legitimate and significant interest by
  the govt in acquiring the info
• Whether a strong nexus between investigation and
  material being sought
• Whether info was available from another source
• Whether the intrusion was limited in scope, so as
  to protect exposure of other constitutionally
  protected matters

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Court Ruling

• Whether the information is inculpatory or
  exculpatory, customers have a First Amendment
  right to privacy in their book purchase records

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Court Ruling

• Citys argument not sufficiently compelling to
  outweigh the harms
• City had a reasonable alternative ways to prove
  the operation of lab
• Clothes
• Fingerprints
• Papers
• Personal objects
• City does not need to seek the purchaser of the
  book

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Court Ruling

• April 8, 2002

Reversed
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Results of Case

• 18-18-412.5
• Unlawful Possession of materials to make
  methamphetamine and amphetamine.
• Class 3 Felony
• 2002 Law enacted in reference to this case
• Continuation of Colorados tradition of
  protecting expressive freedoms

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Any Questions?