PEOPLE v. SHRIVER

No. 26622.

528 P.2d 242 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Gary Dean SHRIVER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing November 18, 1974.


Attorney(s) appearing for the Case

Nolan L. Brown, Dist. Atty., T. W. Norman, Deputy Dist. Atty., Golden, for plaintiff-appellant.

James B. Radetsky, M. Edward Burns, Jr., David A. Fogel, Denver, for defendant-appellee.


GROVES, Justice.

This is an interlocutory appeal from an order granting defendant's motion to suppress the introduction of marijuana in evidence. We reverse.

On the evening of March 26, 1974, agent Hutchins of the Lakewood Department of Public Safety was on routine patrol. Between 8:00 and 8:30 p. m. he drove into a parking lot at the rear of a bowling alley. It was dark. He noticed that two persons were sitting in a white van which was parked in the lot....

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