PEOPLE v. SUNDERMEYER

No. 88SA222.

769 P.2d 499 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Thomas L. SUNDERMEYER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 27, 1989.


Attorney(s) appearing for the Case

Donald E. Mielke, Dist. Atty., Donna Skinner Reed, Sr. Deputy Dist. Atty., Golden, for plaintiff-appellant.

Stayton & Brennan, Rowe P. Stayton, Denver, for defendant-appellee.


ERICKSON, Justice.

This is an interlocutory appeal pursuant to C.A.R. 4.1. The district court suppressed evidence obtained pursuant to a search warrant because facts were omitted from the affidavit which supported the issuance of a search warrant that might have made a difference to the judge who issued the warrant. Because of the omission of the facts, the search warrant was deemed to be invalid and the evidence seized pursuant to the warrant was suppressed. We disagree...

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