PEOPLE v. KING

Nos. 00SA207, 00SA222.

16 P.3d 807 (2001)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kam D. KING, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant, v. Timothy B. Gulick, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 16, 2001.


Attorney(s) appearing for the Case

Michael F. Green, District Attorney, Cortez, CO, Attorney for Plaintiff-Appellant.

Richard S. Luhman, Cortez, CO, Attorney for Defendant-Appellee, Kam D. King.

Richard Unruh, Telluride, CO, Attorney for Defendant-Appellee, Timothy B. Gulick.


JUSTICE BENDER delivered the opinion of the court.

In these interlocutory appeals the People challenge suppression orders of the Dolores County District Court. That court held that the encounter between the defendants and the police was not an investigatory stop but rather constituted an arrest and search not supported by the existence of probable cause to arrest. Thus, the trial court suppressed evidence seized incident to that arrest.

We hold that probable...

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