PEOPLE v. SCHALL

No. 02SA263.

59 P.3d 848 (2002)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Mark SCHALL, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 16, 2002.


Attorney(s) appearing for the Case

James J. Peters, District Attorney, William Hood III, Chief Deputy District Attorney, Englewood, Colorado, Attorneys for Plaintiff-Appellant.

Joseph A. Lazzara, Westminster, 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 and section 16-12-102(2), 6 C.R.S. (2002), the prosecution appeals the district court's suppression of blood alcohol evidence that the Colorado Highway Patrol obtained from the defendant, Mark Schall. We reverse the district court's suppression order. The district court incorrectly concluded that the police lacked probable cause to arrest Schall for an alcohol...

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