PEOPLE v. MARTINEZ

No. 94SA451.

898 P.2d 28 (1995)

The PEOPLE of the State of Colorado, Plaintiff/Appellant, v. Gary MARTINEZ, Defendant/Appellee.

Supreme Court of Colorado, En Banc.

June 19, 1995.


Attorney(s) appearing for the Case

Robert R. Gallager, Jr., Dist. Atty., James C. Sell, Chief Deputy Dist. Atty., Michael Spear, Deputy Dist. Atty., Englewood, for plaintiff/appellant.

Lozow & Lozow, P.C., Bradley A. Lozow, Denver, for defendant/appellee.


Chief Justice ROVIRA delivered the Opinion of the Court.

The People filed this interlocutory appeal requesting reversal of an order suppressing evidence obtained pursuant to a search warrant executed by police officers outside of their jurisdiction. The People argue that the error in the warrant's execution did not rise to the level of a constitutional violation requiring suppression of the evidence. We agree and reverse the district court's ruling.

I

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