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PEOPLE v. HIGBEE

No. 89SA257.

802 P.2d 1085 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. James William HIGBEE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 24, 1990.

Attorney(s) appearing for the Case

John Suthers, Dist. Atty., Brett Barkey and David A. Gilbert, Deputy Dist. Attys., Colorado Springs, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Shaun C. Kaufman, Deputy State Public Defender, Colorado Springs, for defendant-appellee.

Justice LOHR delivered the Opinion of the Court.

The prosecution filed an interlocutory appeal pursuant to C.A.R. 4.1 challenging an order of the El Paso County District Court suppressing physical evidence seized during a search of the defendant's apartment. The district court concluded that the warrantless search was not justified by exigent circumstances, and ordered the suppression of all fruits of the search. We determined that the findings of the district court...

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