March 24, 2019

Colorado Supreme Court: Deputy Had Reasonable, Articulable Suspicion to Stop Defendant; Suppression Order Reversed

The Colorado Supreme Court issued its opinion in People v. Threlkel on Monday, March 11, 2019.

Investigatory Stop—Grounds for Stop or Investigation—Fellow-Officer Rule.

An extensive narcotics investigation culminated in arrest warrants for defendant and her significant other based on their alleged distribution of controlled substances. While attempting to execute the warrants, deputies observed a truck belonging to defendant’s significant other driving away from the residence shared by the couple. The deputies suspected that defendant was a passenger in the truck. As the deputies tried to stop the truck, it evaded them. At one point, the deputies observed a white bag fly out of the passenger window, which supported their belief that there was a passenger in the truck. The truck eventually stopped within a mile of the home. Inside, they located defendant’s significant other, but not defendant. Moments later, however, defendant was spotted a couple of hundred yards away, attempting to hitch a ride. It was a frigid and snowy night, the roads were slippery, and there was no easy access on foot between the home and the location of the stop. A deputy who recognized defendant detained her, and she was later arrested on her outstanding warrant.

The trial court suppressed all evidence and observations derived from defendant’s stop, finding that the deputies lacked reasonable, articulable suspicion to detain her. Later, the trial court explained that its suppression order included the deputies’ observations and investigation before they contacted defendant. The supreme court reversed. It concluded that the deputies had reasonable, articulable suspicion to stop defendant. It further concluded that the trial court lacked authority to suppress the deputies’ observations and investigation before they contacted defendant.

Summary provided courtesy of Colorado Lawyer.

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