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PEOPLE v. DIAZ

No. 02SA156.

53 P.3d 1171 (2002)

The PEOPLE of the State of Colorado, Plaintiff-Appellant. v. Joseph Phillip DIAZ, Defendant-Appellee.

Supreme Court of Colorado, EN BANC.

September 9, 2002.

Attorney(s) appearing for the Case

G.F. Sandstrom, District Attorney, Margaret C. Vellar, Deputy District Attorney, Pueblo, Colorado, Attorneys for Plaintiff-Appellant.

Michael S. Emmons, Pueblo, Colorado, Attorney for Defendant-Appellee.

Justice HOBBS delivered the Opinion of the Court.

In this interlocutory appeal, filed pursuant to C.A.R. 4.1, the prosecution appeals the trial court's suppression of blood and hair evidence the Pueblo police obtained from the defendant, Joseph Diaz. We hold that the police violated the Fourth Amendment to the United States Constitution and article II, section 7 of the Colorado Constitution by obtaining blood and hair samples through a warrantless search and seizure...

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