PEOPLE v. AVERY

No. 24943.

478 P.2d 310 (1970)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Thomas AVERY, Elizabeth Mary Baum, Andoni Cameron Beavens, Vern Bernebullock, James Hagius, Dawn Mowder, and Cynthia Scott, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

December 21, 1970.


Attorney(s) appearing for the Case

Stanley F. Johnson, Dist. Atty., Ralph S. Josephsohn, Deputy Dist. Atty., Boulder, for plaintiff-appellant.

William D. Neighbors, Boulder, for defendant-appellee Thomas Avery.

Taussig, McCarthy & Snyder, Paul Snyder, Jr., Boulder, for defendants-appellees Elizabeth Mary Baum and James Hagius.

Sara-Jane M. Cohen, Boulder, for defendant-appellee Andoni Cameron Beavens.


LEE, Justice.

This is an interlocutory appeal by the People from an adverse ruling of the Boulder County District Court sustaining a motion to suppress evidence seized pursuant to a search warrant. We affirm the ruling.

The trial court found that the search warrant did not sufficiently describe the premises to be searched and, further, that the affidavit for search warrant did not state sufficient grounds to establish probable cause for issuance of the warrant...

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