PEOPLE v. HOLMES

No. 99SA98.

981 P.2d 168 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. James HOLMES, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 1, 1999.


Attorney(s) appearing for the Case

A. William Ritter, Jr., District Attorney, Second Judicial District, Robert J. Whitley, Deputy District Attorney, Denver, Colorado, Attorneys for Plaintiff-Appellant.

Biondino & Ruterbories, P.C., C. Robert Biondino, Jr., James R. Ruterbories, Denver, Colorado, Attorneys for Defendant-Appellee.


Justice BENDER delivered the Opinion of the Court.

In this interlocutory appeal, the prosecution challenges an order of the trial court suppressing tangible evidence seized from the defendant upon his arrest following a warrantless entry into his apartment. A police officer responding to a noise complaint knocked hard on the defendant's apartment door, inadvertently causing it to open. Standing outside the apartment and looking through the open door, the officer observed...

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