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PEOPLE v. TOTTENHOFF

No. 84SA311.

691 P.2d 340 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kenneth B. TOTTENHOFF, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 10, 1984.

Attorney(s) appearing for the Case

Stanley C. Peek, Dist. Atty., H. Lee Schmidt, Chief Deputy Dist. Atty., Greeley, for plaintiff-appellant.

Howard M. Mullen, Denver, for defendant-appellee.

QUINN, Justice:

The People, pursuant to C.A.R. 4.1, appeal from an order suppressing cocaine and money seized from the defendant, Kenneth B. Tottenhoff, after a police officer had stopped and purportedly arrested him for reckless driving. The district court held that the seizure of these items was unlawful because the defendant had not yet been arrested prior to the seizure. We reverse the order of suppression.

On March 14, 1984, Officer John Mitchell of the...

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