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PARLAPIANO v. DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT

No. 25332.

492 P.2d 626 (1972)

Carl PARLAPIANO, District Attorney, Tenth Judicial District, Pueblo Colorado, Petitioner, v. DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT, State of Colorado, and Honorable Jack F. Seavy, District Judge in and for the Tenth Judicial District, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

January 10, 1972.

Attorney(s) appearing for the Case

Carl Parlapiano, Dist. Atty., Cecil L. Turner, Chief Deputy Dist. Atty., Pueblo, for petitioner.

Kettelkamp & Vento, W. C. Kettelkamp, Jr., Pueblo, for respondents.

GROVES, Justice.

There is here involved a criminal charge of possession of a dangerous drug under 1969 Perm.Supp., C.R.S. 1963, 48-8-2(5). The defendant moved for suppression of the central evidence, being approximately three dozen amphetamine tabs. The tabs were seized incidental to a warrantless arrest, which resulted from a tip given by a confidential informant. The court denied the motion, finding that "the reliability of the informer was sufficiently established...

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