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PEOPLE v. MARTINEZ

No. 90SA330.

801 P.2d 542 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. David Alan MARTINEZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 17, 1990.

Attorney(s) appearing for the Case

Donald E. Mielke, Dist. Atty., Donna Skinner Reid, Chief Appellate Deputy Dist. Atty., Golden, for plaintiff-appellant.

Al Cabral, Denver, for defendant-appellee.

Chief Justice ROVIRA delivered the Opinion of the Court.

The People bring this interlocutory appeal pursuant to C.A.R. 4.1, challenging the district court's order suppressing evidence of methamphetamine, which a police officer took from the defendant David A. Martinez during a pat-down search, and a statement made by the defendant. The district court ruled that although the officer had reasonable grounds to stop and search the defendant for weapons, the officer's...

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