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PEOPLE v. McCARTY

No. 09SA161.

229 P.3d 1041 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. John Jacob McCARTY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

May 10, 2010.

Attorney(s) appearing for the Case

Pete Hautzinger, District Attorney, Twenty-First Judicial District, Christopher Nerbonne, Deputy District Attorney, Grand Junction, Colorado, Attorneys for Plaintiff-Appellant.

Peters & Nolan, LLC, Andrew J. Nolan, Grand Junction, Colorado, Attorneys for Defendant-Appellee.

Justice COATS delivered the Opinion of the Court.

The People brought an interlocutory appeal, as authorized by section 16-12-102(2), C.R.S. (2009), and C.A.R. 4.1, challenging the district court's suppression of drugs seized from a vehicle driven by the defendant. After being followed from an import store that was the object of police surveillance and being stopped for a traffic infraction, the defendant conceded buying a "pot pipe" at the store, took the as yet unwrapped...

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