(DOWNLOAD) "People V. Hearty" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: People V. Hearty
- Author : Colorado Supreme Court
- Release Date : January 19, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Pursuant to C.A.R. 4.1 the People in this interlocutory appeal challenge a suppression ruling entered in the course of a pending criminal case in which the defendant-appellees, David Iden, Richard Hearty and Antonio Amezquita, have been charged by indictment with criminal extortion, theft, and conspiracy to commit extortion, during the period between March 8 and March 25, 1981. The evidence suppressed by the district court was seized pursuant to search warrants from the resident of Iden and from the office of an attorney who previously represented Iden and Hearty.*fn4 The district court suppressed the evidence seized from Iden's residence on the grounds that there was not probable cause for the issuance of the warrant, the information in the affidavit was stale, and the seizure of a leather pouch containing cocaine and drug paraphernalia was not within the plain view exception to the warrant requirement.*fn5 The court also suppressed client files and other documents seized from the attorney's office on the basis that they were outside the scope of the property described in the warrant.*fn6 We conclude that the court erred in suppressing the evidence seized from the Iden location but properly suppressed the client files and other documents seized from the attorney's office.