PEOPLE v. SHORTY

No. 86SA309.

731 P.2d 679 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Fred SHORTY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 20, 1987.


Attorney(s) appearing for the Case

Norman S. Early, Dist. Atty., Nathan B. Coats, Chief Appellate Deputy Dist. Atty., Donna Skinner Reed, Deputy Dist. Atty., Denver, for plaintiff-appellant.

Lozow, Lozow and Elliott, Charles W. Elliott, Michael D. Shangraw, Denver, for defendant-appellee.


ERICKSON, Justice.

This interlocutory appeal by the prosecution is from an order suppressing a packet of cocaine found under a two feet square piece of carpeting that was serving as a doormat in front of a basement apartment. We reverse and remand with directions.

I.

The apartment in question is seven steps below ground level, and has a private entrance not in common with other residences in the building. The defendant stayed in the apartment from...

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