[Download] "People V. Higbee" by Colorado Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: People V. Higbee
• Author : Colorado Supreme Court
• Release Date : January 24, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The prosecution filed an interlocutory appeal pursuant to C.A.R. 4.1 challenging an order of the El Paso County District Court suppressing physical evidence seized during a search of the defendant's apartment. The district court concluded that the warrantless search was not justified by exigent circumstances, and ordered the suppression of all fruits of the search. We determined that the findings of the district court were not sufficient to permit us to evaluate the propriety of the suppression order. We therefore remanded the case for  the purpose of a new hearing on the motion to suppress*fn1 and requested specific factual findings and legal conclusions on the issues of probable cause and exigent circumstances. On remand the district court held an evidentiary hearing and again granted the motion to suppress. The court concluded that police officers lacked both probable cause and exigent circumstances to enter the defendant's apartment. We reverse the district court's suppression order and remand the case for further proceedings.

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