People v. Harris
Decision Date | 18 June 1973 |
Docket Number | No. 25986,25986 |
Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Michael Wayne HARRIS and Susan Farley Harris, Defendants-Appellees. |
Court | Colorado Supreme Court |
Stuart A. Van Meveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Ronald
L. Schultz, Chief Deputy Dist. Atty., Fort Collins, for plaintiff-appellant.
Lamm & Young, Robert J. Stemwedel, Jr., Denver, for defendants-appellees.
This is an interlocutory appeal brought by the district attorney pursuant to C.A.R. 4.1, as amended, from a ruling of the district court granting the defendants' motion to suppress evidence.
On the basis of information supplied in large part by a confidential informant, a warrant issued for the search of premises located at 1405 Allison Drive, Loveland, Colorado. As a result of the search, the defendants were charged with possession of marijuana in an amount in excess of one-half ounce, in violation of C.R.S.1963, 48--5--2 and 1971 Perm.Supp., C.R.S.1963, 48--5--20. The defendants moved to suppress the evidence seized during the search on the ground that the affidavit in support of the warrant was insufficient to establish probable cause. The motion was granted by the trial court on the basis of our decision in People v. Peschong, Colo., 506 P.2d 1232 (1973). We believe the affidavit here differs significantly from the one disapproved in Peschong and we therefore reverse the ruling of the trial court.
The affidavit in support of the search warrant reads, in pertinent part, as follows:
'1. That a confidential, reliable informant did advise the affiant, in person, that within the immediately prior forty-eight hours, the informant did personally see and observe a narcotic substance, commonly known as marijuana in the premises where a Mike Harris resides, such premises being a duplex located at Allison and Taft, Loveland, Colorado. The informant further advised the affiant that Mike Harris and his wife ('Farley') own a blue Volkswagon and an orange B.M.W.;
An affidavit based on information provided in large part by an unidentified informant must, in order to establish probable cause for issuance of a search...
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