From Casetext: Smarter Legal Research

People v. Hernandez

Supreme Court of Colorado. En Banc
Sep 27, 1976
554 P.2d 291 (Colo. 1976)

Opinion

No. 27151

Decided September 27, 1976.

Interlocutory appeal by the People from a district court ruling, which ordered the suppression of evidence seized from the defendant.

Ruling Affirmed

1. ARRESTWarrant — Opportunity to Obtain — Statute. When an adequate opportunity to obtain an arrest warrant exists, the police, by terms of the statute (section 16-3-102(1)(c), C.R.S. 1973), must obtain a warrant.

2. Warrantless — Items — Observed and Seized — Unlawful — Evidence. On motion to suppress, evidence supported findings of district court that items of evidence were unlawfully observed and seized during a warrantless arrest and search of defendant.

Interlocutory Appeal from the District Court of Pueblo County, Honorable Jack F. Seavy, Judge.

J. E. Losavio, Jr., District Attorney, James A. Lowe, Deputy, for plaintiff-appellant.

Bollinger, Flick, Young Drummond, P.C., Donald G. Drummond, Brian J. Dougherty, for defendant-appellee.


This is an interlocutory appeal by the People from a district court ruling, which ordered the suppression of evidence seized from the defendant, Mary Ann Hernandez. After a hearing on the defendant's motion to suppress, the district court made findings that the involved items of evidence were unlawfully observed and seized during a warrantless arrest and search of this defendant and accordingly ordered the suppression of this evidence.

[1] The plain view doctrine and rule of Stone v. People, 174 Colo. 504, 485 P.2d 495 (1971), as contended for by the People have no applicability under the facts of this case. When an adequate opportunity to obtain an arrest warrant exists, as it did here, the police, by the terms of section 16-3-102(1)(c), C.R.S. 1973 must obtain a warrant. People v. Hoinville, 191 Colo. 357, 553 P.2d 777.

[2] The findings of the district court are supported by the evidence and we therefore affirm its suppression ruling.


Summaries of

People v. Hernandez

Supreme Court of Colorado. En Banc
Sep 27, 1976
554 P.2d 291 (Colo. 1976)
Case details for

People v. Hernandez

Case Details

Full title:The People of the State of Colorado v. Mary Ann Hernandez, also known as…

Court:Supreme Court of Colorado. En Banc

Date published: Sep 27, 1976

Citations

554 P.2d 291 (Colo. 1976)
554 P.2d 291

Citing Cases

People v. Pierce

Although Laska's investigation uncovered information which supplied probable cause for an arrest warrant,…

People v. Henry

[1,2] It is well established that only probable cause and exigent circumstances serve to excuse the statutory…