PEOPLE v. FOURNIER

No. 90SA36.

793 P.2d 1176 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Mary Louise FOURNIER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

July 16, 1990.


Attorney(s) appearing for the Case

Edward J. Rodgers, III, Steven B. Rich, Chief Deputy Dist. Attys., Canon City, for plaintiff-appellant.

Jeffrey F. Manning, Canon City, for defendant-appellee.


Justice QUINN delivered the Opinion of the Court.

The People, in this interlocutory appeal, challenge the district court's suppression of marijuana plants and other items of evidence seized from the residence of the defendant, Mary Louise Fournier, during a search pursuant to a warrant. The district court ruled that the search was invalid because the affidavit for the search warrant was subscribed and sworn to before a court clerk rather than a judge as required by...

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