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PEOPLE v. ARIAS

No. 07SA17.

159 P.3d 134 (2007)

PEOPLE of the State of Colorado, Plaintiff-Appellant v. Russell Armando ARIAS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 4, 2007.

Attorney(s) appearing for the Case

Mark D. Hurlbert, District Attorney, Fifth Judicial District Karen A. Romeo, Assistant District Attorney Kristine H. Word, Deputy District Attorney Breckenridge, Colorado, Attorneys for Plaintiff-Appellant.

The Law Offices of Todd Barson, P.C. Heather Beattie Breckenridge, Colorado, Attorneys for Defendant-Appellee.

Justice MARTINEZ delivered the Opinion of the Court.

The People bring this interlocutory appeal pursuant to C.A.R. 4.1 and section 16-12-102(2), C.R.S. (2006), to reverse a trial court ruling suppressing evidence seized following a traffic stop. The prosecution contends that an air freshener hanging from the rearview mirror of a truck provided the reasonable suspicion necessary to conduct a traffic stop. In the alternative, the prosecution argues that law enforcement...

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