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PEOPLE v. SANDERS

No. 95SA224.

904 P.2d 1311 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Gary Gene SANDERS, Jr., Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 6, 1995.

Attorney(s) appearing for the Case

Edward Rodgers, District Attorney, Eleventh Judicial District, C.M. Barton, Deputy District Attorney, Cañon City, for Plaintiff-Appellant.

David F. Vela, State Public Defender, Brian N. Connors, Deputy State Public Defender, Salida, for Defendant-Appellee.

Justice ERICKSON delivered the Opinion of the Court.

This is an interlocutory appeal by the prosecution pursuant to C.A.R. 4.1. The prosecution seeks reversal of an order suppressing evidence seized from a trailer home shared by the defendant and a woman with whom he lived. The district court held that law enforcement officers must obtain either a search warrant or the consent of the person arrested at the premises they seek to search even though they have previously...

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