Justice BENDER delivered the Opinion of the Court.
In this case, we review the court of appeals' affirmance of the trial court's denial of defendant Jose Pineda's motion to suppress evidence of heroin found in his vehicle when he was arrested. People v. Pineda, No. 06CA0157, 2008 WL 3130394 (Colo.App. Aug. 7, 2008). In their respective rulings, the trial court and court of appeals relied on People v. Kirk,
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