Blincoe v. People
| Citation | 494 P.2d 1285,178 Colo. 34 |
| Decision Date | 27 March 1972 |
| Docket Number | No. 24697,24697 |
| Parties | James BLINCOE, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Supreme Court of Colorado |
Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for defendant in error.
James Blincoe, hereinafter referred to as the 'defendant,' was convicted of burglary and theft. As grounds for reversal, he asserts that the trial court erroneously denied his motion to suppress physical evidence and statements which he made to the police. He also claims that the jury was improperly instructed on the element of specific intent. We affirm the trial court.
The record discloses that during the evening of May 1, 1969, the Rose Hill Skelly station was burglarized, and a cash register, an adding machine, several automobile batteries, and coins from several vending machines were stolen. On May 25, 1969 two police officers received information over the police radio that a cash register and various items which were taken in the burglary could be found at a particular address in Commerce City. The officers proceeded to the address, knocked on the door, and obtained no response. The officers were then informed by some children in the neighborhood that one of the occupants was in a car in back of the house. The officers then went to the car and observed Roy Williams Playing with an adding machine on the front seat. A cash register, which was allegedly covered by a blanket, was lying on the back seat. When the officers saw the cash register, Roy Williams was arrested and taken to the police station. Once at the station, he told the officers that the items belonged to the defendant, who was visiting the Williams' home. The defendant was then arrested and on the following day, after being advised of his rights, signed a statement in which he admitted the burglary of the Rose Hill Skelly station and the theft of the missing items.
Prior to trial, a suppression hearing was held. At the conclusion of the hearing, the defendant's motion to suppress the physical evidence which was seized by the police officers was denied. In denying the motion, the court found that the articles were in plain view and that a warrant was not required. The court also concluded that if a search occurred, it was only undertaken after the officers obtained consent to search from Roy Williams, who was living on the premises. The defendant denies the applicability of both theories and contends that the items were obtained as the result of an illegal search.
Suppression was not required in this case primarily because the record failed to support the defendant's contention that the officers were engaged in a search when they observed the adding machine and cash register in plain view. See Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). To the contrary, the officers' presence on the premises was for the avowed purpose of making inquiry about the stolen articles. Only after the officers failed to find anyone at home And were informed that one of the persons who resided in the house was then present in the back yard, did the officers enter the curtilage of the premises. The curtilage concept came from the court's desire to protect not only a citizen's house, but his grounds as well, from intrusions and an invasion of privacy. The police conduct was reasonable under the circumstances before us, and no claim can be made that a right of privacy was infringed. In this limited factual situation, the officers' presence on the property for the legitimate purpose of making inquiry about stolen goods was justified. See United States v. Bonds, 422 F.2d 660 (8th Cir. 1970); Davis v. United States, 327 F.2d 301 (9th Cir. 1964). Being legitimately on the property, the officers were entitled to seize any stolen items which were in plain view. People v. Renfrow, 172...
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People v. Houser
...People v. R.V., 635 P.2d 892, 894 (Colo.1981); People v. Crawford, 191 Colo. 504, 507, 553 P.2d 827, 829 (1976); Blincoe v. People, 178 Colo. 34, 38, 494 P.2d 1285, 1287 (1972). While courts must tailor instructions to the facts at trial, instructions are erroneous only if, taken as a whole......
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People v. Houser
...; People v. R.V., 635 P.2d 892, 894 (Colo.1981) ; People v. Crawford, 191 Colo. 504, 507, 553 P.2d 827, 829 (1976) ; Blincoe v. People, 178 Colo. 34, 38, 494 P.2d 1285, 1287 (1972). While courts must tailor instructions to the facts at trial, instructions are erroneous only if, taken as a w......
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Allen v. State, No. CR-07-1063 (Ala. Crim. App. 5/1/2009)
...a 16-year-old had apparent authority to consent was made in good faith and was reasonable under the circumstances); Blincoe v. People, 178 Col. 34, 494 P.2d 1285, 1286 (1972)("In our opinion, the fact that one is a minor does not necessarily preclude effective consent"); Saavedra v. State, ......
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People v. Houser
...People v. R.V., 635 P.2d 892, 894 (Colo. 1981); People v. Crawford, 191 Colo. 504, 507, 553 P.2d 827, 829 (1976); Blincoe v. People, 178 Colo. 34, 38, 494 P.2d 1285, 1287 (1972). While courts must tailor instructions to the facts at trial, instructions are erroneous only if, taken as a whol......