PEOPLE v. RANDOLPH

No. 00SA85.

4 P.3d 477 (2000)

The PEOPLE of the State of Colorado, Plaintiff/Appellant, v. Jack Lee RANDOLPH, Defendant/Appellee.

Supreme Court of Colorado, En Banc.

July 3, 2000.


Attorney(s) appearing for the Case

Michael F. Green, District Attorney, Katherine H. Cabot, Deputy District Attorney, Cortez, Colorado, Attorneys for Plaintiff/Appellant.

Kelly R. McCabe, P.C., Kelly R. McCabe, Hazen D. Brown, Cortez, Colorado, Attorneys for Defendant/Appellee.


Justice KOURLIS delivered the Opinion of the Court.

In this interlocutory appeal, the State challenges an order suppressing physical evidence discovered during the execution of a search warrant. The district court found that the search warrant lacked probable cause because it was supported only by a "bare bones" affidavit. The district court also held that because the warrant was so facially lacking in probable cause, the police were not entitled to rely on it. Therefore...

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