PEOPLE v. PATE

No. 03SA37.

71 P.3d 1005 (2003)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Benjamin Otto PATE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 30, 2003.


Attorney(s) appearing for the Case

Jeanne M. Smith, District Attorney, Fourth Judicial District, Gordon R. Denison, Deputy District Attorney, Jeanne M. Wilson, Deputy District Attorney, Diana May, Deputy District Attorney, Colorado Springs, Colorado, Attorneys for Plaintiff-Appellant.

David S. Kaplan, Colorado State Public Defender, William A. Martinez, Deputy State Public Defender, Cynthia J. Jones, Deputy State Public Defender, Colorado Springs, Colorado, Attorneys for Defendant-Appellee.


Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this interlocutory appeal, we uphold the trial court's historical findings of facts, substantiated by the record, which support its conclusions of law that the police in this case lacked probable cause to believe that a burglary was in progress and that the police lacked a reasonable basis to believe that there was a colorable claim of an emergency threatening the life or safety of another...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases