Colorado High Court: Judges Can't Let Suspects Search Homes
DENVER (AP) — Colorado's highest court says trial judges can't allow criminal suspects access to crime scenes inside private homes without consent.
Monday's state Supreme Court decision comes after a man convicted of sexually assaulting his cousins argued a judge was wrong to deny him access to the scene in his grandmother's basement. An appeals court agreed he failed to prove a need to search her home, but said trial judges could grant access, which troubled victims' rights advocates.
In a similar case, a judge said it was necessary to grant a sex assault suspect access to a home.
The state Supreme Court says trial judges lack such authority.
In contrast, courts in California, New Jersey, New York, North Carolina and Massachusetts have determined a defendant's right to a fair trial sometimes outweighs privacy interests.
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