July 19, 2019

Case Law: People v. Chamberlain, Court Affirms Drug Suppression Order

on May 10, 2010.

Vehicle Searches Incident to Arrest.

The People brought an interlocutory appeal to the Supreme Court pursuant to CRS § 16-12-102(2) and C.A.R. 4.1, challenging the district court’s suppression of drugs and drug paraphernalia seized from defendant’s vehicle during a search incident to her arrest. Although the district court initially denied the motion, it entertained a motion for reconsideration and reversed its earlier ruling following the release of Arizona v. Gant, __ U.S. __, 129 S. Ct. 1710 (2009). Because it was undisputed that defendant had already been arrested, handcuffed, and placed in a patrol car at the time of the search and because it would not have been reasonable for the officers to believe that defendant’s vehicle might contain evidence relevant to false reporting, the crime for which she was arrested, the Court affirmed the suppression order and remanded the case for further proceedings consistent with its opinion.

Summary, full case, and all May 10, 2010, opinions also available here.

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