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PEOPLE v. JACKSON

No. 97SA271.

948 P.2d 506 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Eric JACKSON, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 3, 1997.

Attorney(s) appearing for the Case

A. William Ritter, Jr., District Attorney, Second Judicial District, Nathan B. Coates, Chief Appellate Deputy District Attorney, Denver, for Plaintiff-Appellant.

The Law Office of Charles A. Agbakwu, Sr. & Associates, Charles A. Agbakwu, Sr., Clark D. Aguilera, Aurora, for Defendant-Appellee.

Justice BENDER delivered the Opinion of the Court.

In this interlocutory appeal the People seek to overturn the ruling of the Denver District Court suppressing "crack cocaine" seized from the person of the defendant, Eric Jackson, by Denver police officers on January 30, 1997. We find that the district court erred in granting the motion to suppress and we hold that the conduct of the police in the circumstances of this case in frisking the defendant, a passenger in...

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