PEOPLE v. SMITH

No. 00SA47.

13 P.3d 300 (2000)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Terry SMITH, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 11, 2000.


Attorney(s) appearing for the Case

A. William Ritter, Jr., District Attorney, Henry R. Reeve, Deputy District Attorney, Denver, Colorado, Attorneys for Plaintiff-Appellant

Scheitler & Elio, P.C., Frank I. Scheitler, Denver, Colorado, Attorneys for Defendant-Appellee


Justice KOURLIS delivered the Opinion of the Court.

In this interlocutory appeal, the State challenges a suppression order of the trial court. The trial court held that the amount of force used by police during a traffic stop escalated the encounter into an arrest, which was not supported by probable cause. Therefore, the trial court suppressed the evidence obtained from a search of the defendant's vehicle.

We disagree with the trial court's conclusions of...

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