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PEOPLE v. CLYNE

No. 26831.

541 P.2d 71 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Craig Thomas CLYNE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 6, 1975.

Attorney(s) appearing for the Case

Stuart A. Van Meveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Francis H. Oldham, Deputy Dist. Atty., Fort Collins, for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas H. Moore, Deputy State Public Defender, Douglas D. Piersel, Deputy State Public Defender, Denver, for defendant-appellee.

KELLEY, Justice.

This is an interlocutory appeal by the People from a trial court order suppressing evidence of marijuana seized during a search incident to an allegedly lawful arrest for hitchhiking. For the reasons hereinafter stated, we affirm.

On September 2, 1974, at approximately 4 p. m., Officer Frerkes of the Loveland Police Department observed the defendant hitchhiking in the City of Loveland. The defendant was holding a backpack. The Municipal Code...

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