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PEOPLE v. SCHAFER

No. 97SA142.

946 P.2d 938 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Scott E. SCHAFER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 15, 1997.

Attorney(s) appearing for the Case

Michael F. Green, District Attorney, Twenty-Second Judicial District, Cortez, for Plaintiff-Appellant.

David F. Vela, Colorado State Public Defender, William Herringer, Deputy State Public Defender, Durango, for Defendant-Appellee.

Justice HOBBS delivered the opinion of the court.

This interlocutory appeal is brought by the prosecution, pursuant to section 16-12-102(2), 8A C.R.S. (1996 Supp.), and C.A.R. 4.1, from an order of the Montezuma County District Court granting the motion of defendant Scott E. Schafer (Schafer) to suppress evidence discovered as the result of a warrantless search of his tent and backpack. The District Attorney for the Twenty-Second Judicial District contends that the...

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