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PEOPLE v. PACHECO

No. 06SA132.

175 P.3d 91 (2006)

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. James Andres PACHECO, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 10, 2006.

Attorney(s) appearing for the Case

Bill Thiebaut, District Attorney, Tenth Judicial District, Anthony Marzavas, Deputy District Attorney, Pueblo, Colorado, Attorneys for Plaintiff-Appellant.

Darol C. Biddle, Pueblo, Colorado, Attorney for Defendant-Appellee.

Justice RICE delivered the Opinion of the Court.

In this interlocutory appeal, the People of the State of Colorado challenge the trial court's order suppressing evidence obtained by the police pursuant to a search warrant. We affirm the trial court because the affidavit supporting the search warrant lacks probable cause and the good faith exception to the exclusionary rule does not apply.

I. Facts and Procedural History

James Pacheco, the Defendant...

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