10th Circuit finds Denver officers unconstitutionally searched man

10th Circuit Rules Denver Officers' Search Unconstitutional

Last week, the federal appeals court based in Colorado found that Denver officers did not have reasonable suspicion when they detained a group of people parked near a vehicle tied to a shooting that occurred 12 hours earlier and several miles away. Among those detained was Noah Huerta, indicted for being a felon in possession of a firearm.

Case Background and Legal Proceedings

Huerta requested to exclude the firearm evidence, arguing it was obtained through an unconstitutional pat-down. Although the trial judge denied this motion, admitting the officers' initial assumptions were mistaken, a three-judge panel from the U.S. Court of Appeals for the 10th Circuit disagreed.

Appeals Court Decision

“That they merely parked behind the target vehicle at an apartment complex in the daytime nearly twelve hours after the shooting is not the sort of articulable and particularized suspicion required,” wrote Senior Judge Paul J.

The court emphasized it was unreasonable for police to believe Huerta and his group had any involvement in the shooting under investigation.

Incident Details

In the early hours of June 26, 2023, police responded to a shooting in a Denver convenience store parking lot. They received a witness description and a surveillance image of the suspect, described as a light-skinned Black man with a bald head and large beard. Officers traced the suspect’s Ford Expedition to an apartment complex several miles away from the shooting site.

Summary

The 10th Circuit’s ruling highlights the necessity for specific and justified suspicion before detaining individuals, reinforcing constitutional protections against unreasonable searches.

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Colorado Politics Colorado Politics — 2025-11-06

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