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PEOPLE v. ORTEGA

No. 24966.

481 P.2d 727 (1971)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William B. ORTEGA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

February 22, 1971.

Attorney(s) appearing for the Case

James D. McKevitt, Dist. Atty., Second Judicial District, Gregory A. Mueller, Asst. Dist. Atty., Jarvis W. Seccombe, Chief Deputy Dist. Atty., Thomas P. Casey, Deputy Dist. Atty., Denver, for plaintiff-appellee.

Epstein, Lozow & Preblud, Donald L. Lozow, Gary Lozow, Denver, for defendant-appellant.

KELLEY, Justice.

William B. Ortega, defendant-appellant, is charged with possession of narcotics, one count relating to heroin and the other to marijuana. The narcotics were seized by police officers contemporaneously with Ortega's arrest on April 26, 1970. The officers had neither an arrest nor a search warrant.

The defendant-appellant challenged the validity of the seizures by a motion to suppress premised on the violation of his rights under the Fourth...

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