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PEOPLE v. CHERRY

No. 05SA110.

119 P.3d 1081 (2005)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Bernadette Denise CHERRY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 12, 2005.

Attorney(s) appearing for the Case

Don Quick, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Brighton, for Plaintiff-Appellant.

David S. Kaplan, Colorado State Public Defender, Jennifer L.M. Ahnstedt, Deputy State Public Defender, Brighton, for Defendant-Appellee.

Justice BENDER delivered the Opinion of the Court.

The People filed this interlocutory appeal challenging the trial court's ruling that an officer from the Aurora Police Department violated the defendant's, Bernadette Cherry, Fourth Amendment rights because he lacked reasonable suspicion to stop her. Because Cherry was illegally parked in the middle of the street at the time the police first contacted her, the officer had a reasonable and articulable basis to believe...

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