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PEOPLE v. MITCHELL

No. 83SA224.

678 P.2d 990 (1984)

The PEOPLE of the State of Colorado Plaintiff-Appellant, v. Robert D. MITCHELL Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 5, 1984.

Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., Catherine DiSante, Deputy Dist. Atty., Littleton, for plaintiff-appellant.

Steven Taffet, Denver, for defendant-appellee.

QUINN, Justice.

The People in this interlocutory appeal challenge a ruling of the district court suppressing a vial of cocaine seized from the defendant, Robert D. Mitchell, in the course of a search incident to an arrest based on an erroneously issued arrest warrant for an unpaid traffic fine. The district court held that the arrest warrant was void from the time of its issuance, thereby rendering the arrest and search illegal and requiring the suppression of the...

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