Saturday, November 18, 2023
With this case, we recognize that both the First Amendment to the United States Constitution and Article II, Section 10 of the Colorado Constitution protect an individual's fundamental right to purchase books anonymously, free from governmental interference.
- tattered cover v thornton 44 P.3d 1044 (2002)
We hold that the Colorado Constitution requires that the innocent bookseller be afforded an opportunity for an adversarial hearing prior to execution of a search warrant seeking customer purchase records. ... In order for law enforcement officials to prevail, they must demonstrate a compelling governmental need for the specific customer purchase records that they seek.
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