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PEOPLE v. MARQUEZ

No. 08SA186.

195 P.3d 697 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. David Lee MARQUEZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 3, 2008.

Attorney(s) appearing for the Case

Mitchell R. Morrissey, District Attorney, 1st Judicial District, Evan W. Jones, Deputy District Attorney, Denver, Colorado, Attorneys for Plaintiff-Appellant.

Douglas K. Wilson, Colorado State Public Defender, Blake J. Renner, Deputy State Public Defender, Denver, Colorado, Attorneys for Defendant-Appellee.

Justice HOBBS delivered the Opinion of the Court.

The prosecution brought this interlocutory appeal pursuant to C.A.R. 4.1, challenging the trial court's suppression of a handgun the police discovered when searching a vehicle in which the defendant, David Lee Marquez, was a passenger. The police stopped the vehicle on reasonable suspicion of exceeding the speed limit. The police arrested the driver on an outstanding warrant and searched the vehicle, discovering the...

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