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PEOPLE v. KIRK

No. 04SA206.

103 P.3d 918 (2005)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Dolores Elaine KIRK, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 10, 2005.

Attorney(s) appearing for the Case

Robert S. Grant, District Attorney Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Brighton, for Plaintiff-Appellant.

Paul Grant, Englewood, for Defendant-Appellee.

Justice RICE delivered the Opinion of the Court.

Plaintiff-Appellant, the People of the State of Colorado, bring an interlocutory appeal of the trial court's suppression of evidence it planned to offer in a criminal prosecution against Defendant-Appellee, Dolores Kirk. Since the evidence was obtained in an objectively reasonable search incident to an arrest, no constitutional violation exists. Therefore, we reverse the trial court's suppression order.

I....

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