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 Opinions of the Colorado Supreme Court are available to thepublic and can be accessed through the Court’s homepage athttp://www.courts.state.co.usand are posted on the ColoradoBar Association homepage atwww.cobar.org.ADVANCE SHEET HEADNOTEDecember 14, 2009
 No. 09SA69, People v. Gutierrez - Fourth Amendment Standing -Probable Cause - The Good Faith Exception.
The Colorado Supreme Court holds that the trial courtproperly suppressed evidence obtained pursuant to an unlawfulsearch of defendant Gutierrez’s tax returns and supportingdocumentation, which were found in his client file police seizedfrom his tax preparer’s office. First, Gutierrez has standingunder the Fourth Amendment to object to a search of his clientfile. A taxpayer has a reasonable expectation of privacy in hisor her tax returns and return information, even when thatinformation is in the custody of a tax preparer. Thisreasonable expectation of privacy is based on federal and statelaws that protect the confidentiality of tax returns and returninformation. Second, Gutierrez’s client file was searched inviolation of the Fourth Amendment. The affidavit supporting thewarrant did not name Gutierrez or refer to him in any way andtherefore failed to establish individualized probable cause tosearch his client file. Finally, the good faith exception to1
 
the exclusionary rule does not apply in this case because theaffidavit supporting the warrant was so lacking in indicia ofprobable cause to search Gutierrez’s file that no reasonablywell-trained officer could have relied upon it. Therefore,suppression of the evidence was appropriate.2
 
 
SUPREME COURT, STATE OF COLORADOTwo East 14th AvenueDenver, Colorado 80203Interlocutory Appeal from the District CourtWeld County District Court Case No. 08CR2087Honorable James F. Hartmann, JudgeCase No. 09SA69
Plaintiff-Appellant:
The People of the State of Colorado,v.
Defendant-Appellee:
Ramon Ricardo Gutierrez.JUDGMENT AFFIRMEDEN BANCDecember 14, 2009
 
Kenneth R. Buck, District Attorney, Nineteenth Judicial DistrictChristian J. Schulte, Chief Deputy District AttorneyMichael J. Rourke, Assistant District AttorneyGreeley, ColoradoAttorneys for Plaintiff-AppellantDouglas K. Wilson, Public DefenderJames Merson, Deputy Public DefenderGreeley, ColoradoAttorneys for Defendant-AppelleeJUSTICE BENDER delivered the Opinion of the Court.JUSTICE RICE dissents, JUSTICE EID joins in the dissent.JUSTICE COATS dissents.
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