PEOPLE v. RODRIGUEZ

No. 94CA0076.

924 P.2d 1100 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rafael RODRIGUEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 28, 1996.

Certiorari Granted October 15, 1996.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Roger G. Billotte, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, James Grimaldi, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge ROY.

Defendant, Rafael Rodriguez, appeals from a judgment of conviction entered upon a jury verdict finding him guilty of possession of heroin. The sole issue raised on appeal is the validity of a warrantless search of defendant's van. We conclude that the search violated defendant's Fourth Amendment rights, order the evidence taken in the search suppressed, reverse the defendant's conviction, and remand for further proceedings.

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