People v. Benner, 26603
| Decision Date | 20 January 1975 |
| Docket Number | No. 26603,26603 |
| Citation | 187 Colo. 309,530 P.2d 964 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Ronald D. BENNER and George Washington Donahou, Defendants-Appellees. |
| Court | Colorado Supreme Court |
Stuart A. Van Meveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Francis H. Oldham, Deputy Dist. Atty., Fort Collins, for plaintiff-appellant.
Calvert & Calvert, David R. Calvert, Denver, for defendant-appellee Ronald D. Benner.
Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Denver, Bryan D Shaha, Deputy State Public Defender, Greeley, for defendant-appellee George Washington, Donahou.
On this interlocutory appeal, the People contend that the trial judge erred in granting the defendants' motion to suppress evidence. We agree with this contention and therefore reverse the trial court's ruling.
Defendants stopped at a check station maintained by game and fish officers in Poudre Canyon, Larimer County. One of the officers asked the defendants if they had been fishing, and defendant Donahou replied that they had. The officer asked if he could look in the rear of the car, and defendant Donahou opened the trunk. Defendant Donahou indicated that they had eaten all the fish they had caught and had none left.
The officer observed plastic trash bags in the trunk, felt them, and asked what they contained. He was told that they contained 'sticks and stuff.' The officer asked if he could look inside the trash bags and defendant Donahou said 'go ahead.' Inside one of these trash bags was a number of small plastic bags which appeared to contain marijuana. The officer also recognized the odor of marijuana. The defendants were detained while the sheriff's office was called, and an investigator was dispatched to assist the game and fish officers.
The investigator advised the defendants of their rights, including their right not to have the automobile searched. Both defendants gave written permission for the search. The investigator observed the substance in the small plastic bags and determined that it was marijuana.
After a hearing on the defendants' motion to suppress, the trial judge ordered the marijuana suppressed as evidence because the game and fish officer had no probable cause to detain these defendants.
The establishment of the check station for game and fish violations, and the temporary detention of defendants' vehicle to inspect for game and fish violations is authorized by statute. 1969 Perm.Supp., C.R.S. 1963, 62--12--2. Accordingly, the original stop of defendants' vehicle was valid. Cf. People v. Andrews, 173 Colo. 510, 484 P.2d 1207 (1971).
The defendants gave permission to the game and fish officer to search the trunk of the automobile, and to look inside the trash bag contained in the trunk of the automobile. This consent waives any objections against the search and seizure. Blincoe v. People, 178 Colo. 34, 494 P.2d 1285 (1972); Wion v....
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...sites at Lake John and Delanney Buttes Lakes on holiday weekends.8 The parties dispute whether our decisions in People v. Benner, 187 Colo. 309, 530 P.2d 964 (1975), and People v. Andrews, 173 Colo. 510, 484 P.2d 1207 (1971), stand for the proposition that checkpoint stops are permissible u......
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