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PETERSEN v. PEOPLE

No. 96SC218.

939 P.2d 824 (1997)

Carl J. PETERSEN, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

June 23, 1997.

Attorney(s) appearing for the Case

David F. Vela, State Public Defender, James Grimaldi, Deputy State Public Defender, Denver, for Petitioner.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Catherine P. Adkisson, Assistant Attorney General, Criminal Enforcement Section, Denver, for Respondent.

Justice MARTINEZ delivered the Opinion of the Court.

We granted certiorari in the case of People v. Carl J. Petersen, No. 93CA0570 (Colo.App. Jan. 25, 1996) (not selected for official publication), to review the court of appeals' determination that a caretaker of a property had either actual or apparent authority to consent to a search of that property by law enforcement officers.1 We reverse.

I.

In August 1991...

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