Hanson v. Colorado Department of Revenue, Division of Motor Vehicles

JUSTICE HOOD,

dissenting.

120 In this 'case, the majority extends Francen v. Colo. Dep't of Revenue, 2014 CO 54, 328 P.3d 111, beyond an illegal traffic stop to a warrantless home entry -"the 'chief evil' against which the Fourth Amendment is directed." People v. Allison, 86 P.3d 421, 426 (Colo.2004) (quoting People v. O'Hearn, 931 P.2d 1168, 1173 (Colo.1997)).

*127T21 For the reasons articulated in my dissent to Francen, I would hold that Hanson had a statutory right to challenge the legality of the police officer's warrantless entry into his home. And although ostensibly provided the opportunity by the hearing officer to make such a challenge here, I agree with Judge Fox's dissent in this case that Hanson was denied due process because he had no opportunity to cross-examine the police officer about his warrantless entry. See § 42-2-126(1)(b), C.R.S. (2018) (one purpose of the license revocation statute is "[tlo guard against the potential for any erroneous deprivation of the driving privilege by providing an opportunity for a full hearing"); Colo. Dep't of Revenue v. Kirke, 743 P.2d 16, 21 (Colo.1987) (finding "significant" the fact that the defendant had "the opportunity to confront and cross-examine any of the officers involved" and had the "right to subpoena the initial officer and cross-examine him, but failed to do so").

122 For these reasons, I would reverse the judgment of the court of appeals and remand for further proceedings. I respectfully dissent.