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PEOPLE v. BOFF

No. 88SA58.

766 P.2d 646 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Howard James BOFF, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 19, 1988.

Attorney(s) appearing for the Case

Dean J. Johnson, Dist. Atty., Jeffrey D. Easley, Deputy Dist. Atty., Cortez, for plaintiff-appellant.

Fossum, Hatter & Green, P.C., Michael F. Green, Cortez, for defendant-appellee.

VOLLACK, Justice.

Pursuant to C.A.R. 4.1, the People challenge a ruling of the district court suppressing marijuana found in a backpack worn by Howard James Boff. We conclude from the totality of the circumstances that the search of the backpack was incident to a lawful custodial arrest, and therefore reverse the order of the district court.

I.

Boff was arrested on July 30, 1987, after a police surveillance team spotted him watering marijuana plants...

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