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PEOPLE v. FOSTER

No. 89SA293.

788 P.2d 825 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert Jay FOSTER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 19, 1990.

Attorney(s) appearing for the Case

Stephen K. ErkenBrack, Dist. Atty., and Frank J. Daniels, Chief Deputy Dist. Atty., Grand Junction, for plaintiff-appellant.

Robb, Skinner, Achziger & Nugent, Edward J. Nugent, Grand Junction, for defendant-appellee.

Chief Justice QUINN delivered the Opinion of the Court.

The People in this interlocutory appeal challenge the district court's suppression of cocaine seized from the defendant, Robert Jay Foster, during a search of his person at the Mesa County Jail following his warrantless arrest for theft of an all-terrain vehicle (hereinafter referred to as "motorcycle"). The district court suppressed the evidence because the prosecution failed to establish probable cause for...

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