The Colorado Supreme Court issued its opinion in People v. Funez-Paiagua on May 21, 2012.
Fourth Amendment—Suppression of Evidence—Reasonable Suspicion—Investigatory Stop.
The Supreme Court reversed the trial court’s order suppressing evidence seized from defendant. The Court held that officers had reasonable suspicion to justify an investigatory stop of Adolph Funez-Paiagua. The facts and circumstances known to the officers at the time of the stop were: (1) it was 1:15 a.m.; (2) criminal activity recently had increased in the area; (3) Funez-Paiagua was standing on the private property of an auto body shop; (4) the shop was closed; (5) no other businesses in the area were open; (6) no other people were nearby; (7) the officer heard a loud crash; (8) Funez-Paiagua fled; and (9) Funez-Paiagua was carrying bags.
The Fourth Amendment to the U.S. and Colorado Constitutions holds that warrantless seizures generally must be supported by probable cause, but an investigatory stop based on reasonable suspicion is an exception to this general rule. The Court held that the facts of the case created reasonable suspicion to justify the investigatory stop.
Summary and full case available here.