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PEOPLE v. GARCIA

No. 99SA428.

11 P.3d 449 (2000)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kenneth Thomas GARCIA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 23, 2000.

Attorney(s) appearing for the Case

Jeanne M. Smith, District Attorney, Fourth Judicial District, Ann Joyce, Deputy District Attorney, Gordon R. Denison, Deputy District Attorney, Colorado Springs, Colorado, Attorneys for Plaintiff-Appellant.

Alternative Defense Counsel, Kathleen A. Carlson, Denver, Colorado, Attorney for Defendant-Appellee.

Justice HOBBS delivered the Opinion of the Court.

In this interlocutory appeal, we review the trial court's conclusion of law that detention of the defendant in the locked back compartment of a police car for fifteen minutes constituted an illegal arrest and, in the alternative, that failure to deliver a Miranda advisory prior to the obtaining defendant's consent to search his residence vitiated the defendant's consent to search.1

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