Public-domain · open source
OpenJurist

173 Colo. 76

People v. Martinez

Supreme Court of Colorado

Decided October 26, 1970

Supreme Court of Colorado · decided 1970-10-26

Cited by 1 later decisions — most recently February 1971

1 state decisions

Relies on People v. Collman

Good law ✅— No negative treatment on recordhow we know

Decided 1970-10-26

View the full empirical analysis of this case →

Mr. Justice Pringle

¶1delivered the opinion of the Court.

¶2This is an Interlocutory Appeal brought by Martinez from an adverse ruling in the trial court on his motion to suppress evidence. The basis of the motion was that the arresting officers lacked probable cause to arrest Martinez, and that therefore evidence seized *77in a search incident to this arrest was inadmissible. We affirm the trial court’s denial of the motion.

¶3In his brief, Martinez admits that the facts of this case are so nearly identical with those in People v. Collman, 172 Colo. 238, 471 P.2d 421, as to be indistinguishable. We are asked to reconsider Collman, so as to be able to reach a favorable result to Martinez in this case. We are firmly of the belief that Coliman was properly decided, and we adhere to it.

¶4The ruling of the trial court is affirmed.

¶5Mr. Justice Hodges not participating.

/173/colo/76 · .json · Public domain