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PEOPLE v. MARSHALL

No. 12SA215.

289 P.3d 27 (2012)

2012 CO 72

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Jeffrey Lee MARSHALL, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 3, 2012.

Attorney(s) appearing for the Case

Daniel H. May , District Attorney, Fourth Judicial District, Michael J. Allen , Deputy District Attorney, Doyle Baker , Deputy District Attorney, Colorado Springs, Colorado, for Plaintiff-Appellant.

Douglas K. Wilson , Public Defender, Cynthia J. Jones , Deputy Public Defender, Ruth Rosenthal , Deputy Public Defender, Colorado Springs, Colorado, for Defendant-Appellee.

Justice RICE delivered the Opinion of the Court.

¶ 1 Pursuant to C.A.R. 4.1, the Prosecution challenges the trial court's order granting defendant Jeffrey Marshall's motion to suppress evidence obtained after the search of his backpack incident to his lawful arrest. We hold that Arizona v. Gant, 556 U.S. 332, 351, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), does not modify the well-established rule regarding searches of a...

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