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PEOPLE v. VIGIL

No. 10SA106.

242 P.3d 1092 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Clovis VIGIL, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 15, 2010.

Attorney(s) appearing for the Case

Frank Ruybalid , District Attorney, Third Judicial District, Mark T. Adams , Assistant District Attorney, Walsenburg, Colorado, Attorneys for Plaintiff-Appellant.

Carl D. Fatta , Pueblo, Colorado, Attorney for Defendant-Appellee.

Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

Clovis Vigil was arrested and charged with possession of a controlled substance as well as possession with intent to distribute. At the time of his arrest, Vigil confessed to possession and indicated where he kept the drugs only after the arresting officers had used force against him, inflicting numerous injuries. The trial court held that Vigil was arrested without probable cause and that...

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