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PEOPLE v. KAZMIERSKI

No. 00SA395.

25 P.3d 1207 (2001)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Richard KAZMIERSKI and Kathy Knafla, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

June 25, 2001.

Attorney(s) appearing for the Case

David J. Thomas, District Attorney, First Judicial District, Donna Skinner Reed, Chief Appellate Deputy District Attorney, Golden, CO, Attorneys for Plaintiff-Appellant.

Cynthia Sheehan, Denver, CO, Attorney for Defendant-Appellee Richard Kazmierski.

Casey J. Mulligan, Boulder, CO, Attorney for Defendant-Appellee Kathy Knafla.

Justice KOURLIS delivered the Opinion of the Court.

In this interlocutory appeal, the People contest the trial court's suppression of evidence obtained pursuant to the execution of a search warrant. The trial court determined that certain statements made by the officer-affiant in the affidavit in support of the warrant were not accurate and were made with reckless disregard for the truth. The trial court thus struck those statements from the affidavit and then examined...

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