PEOPLE v. DAVIS

No. 83SA17.

669 P.2d 130 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. John Stevens DAVIS, Defendant-Appellee.

Supreme Court of Colorado.

September 12, 1983.


Attorney(s) appearing for the Case

Alexander M. Hunter, Dist. Atty., Peter M. Maguire, Deputy Dist. Atty., Boulder, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Denver, Peter Schild, Deputy State Public Defender, Boulder, for defendant-appellee.

EN BANC.


ROVIRA, Justice.

This interlocutory appeal brought by the People presents the question of whether information obtained from an anonymous tip can form the basis for an affidavit used to obtain an order for nontestimonial identification pursuant to Crim.P. 41.1. The trial court held that it could not. We reverse.

I.

The affidavit prepared by David Hayes, an officer of the Boulder Police Department, to secure...

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