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PEOPLE v. MASCARENAS

No. 86SA117.

726 P.2d 644 (1986)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Dennis Leon MASCARENAS and Daniel Joseph Mascarenas, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

October 20, 1986.

Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Second Judicial District Nathan B. Coats, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

Stephen A. Jones, Lakewood, for defendant-appellee Dennis Leon Mascarenas.

David F. Vela, Colorado State Public Defender, Jeffrey S. Pagliuca, Deputy State Public Defender, Denver, for defendant-appellee Daniel Joseph Mascarenas.

DUBOFSKY, Justice.

The People brought this interlocutory appeal after the Denver district court suppressed evidence consisting of burglary tools and a watch discovered on the floor of the defendants' automobile during an investigatory stop. We reverse the suppression ruling.

I.

On November 2, 1985 at 9:41 p.m. Denver police officer Gerald Whitman received a dispatch call about a burglary at 648 South York Street. Because another officer was proceeding...

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