People v. Carillo-Montes

796 P.2d 970, 14 Brief Times Rptr. 1198, 1990 Colo. LEXIS 555, 1990 WL 129124
CourtSupreme Court of Colorado
DecidedSeptember 10, 1990
Docket90SA31
StatusPublished
Cited by14 cases

This text of 796 P.2d 970 (People v. Carillo-Montes) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Carillo-Montes, 796 P.2d 970, 14 Brief Times Rptr. 1198, 1990 Colo. LEXIS 555, 1990 WL 129124 (Colo. 1990).

Opinions

Justice LOHR

delivered the Opinion of the Court.

The prosecution has filed this interlocutory appeal pursuant to C.A.R. 4.1 challenging an order of the Mesa County District Court suppressing statements and physical evidence obtained from the defendant. Police officers elicited the statements and discovered the evidence after an investigatory stop of the defendant. The trial court concluded that the officers lacked reasonable suspicion to justify the stop and suppressed the statements and other evidence as fruit of the invalid stop. We affirm the trial court’s order and remand the case for further proceedings.

I.

The Mesa County Narcotics Enforcement Team was investigating Guadalupe Hernandez-Barba for an alleged narcotics violation. At about 3:30 p.m. on August 14, 1989, an undercover informant met with Hernandez-Barba in a park in Grand Junction. Hernandez-Barba showed the informant four ounces of cocaine and said he would sell him one ounce. Hernandez-Bar-ba then went to his residence at 1353 North 21st in Grand Junction, returned within a half-hour and displayed an ounce of cocaine to the informant. Police officers arrested Hernandez-Barba shortly thereafter. The officers then sought a warrant to search Hernandez-Barba’s residence. Before the warrant was obtained, Detective Booth and Officer Grimsby went to 1353 North 21st. They saw a man outside the house talking through the screen door to a woman inside, and they saw the woman run into the house away from the door. The police then entered the house to secure the premises. Officer Mendoza of the Grand Junction Police Department arrived soon afterwards to maintain security of the area.

The man at the door was the driver of a Buick parked in front of the house.1 A woman and a small child were in the front seat. Two men, one of whom was the [972]*972defendant, were in the back seat. Detective Booth approached the vehicle, asked the occupants for identification, and received no response. Officer Mendoza then spoke to the defendant in Spanish and asked him for documentation as to his identity. The defendant produced no documentation. The officers concluded that the defendant did not speak English and radioed the dispatcher with instructions to contact Special Agent Hines of the Immigration and Naturalization Service. Agent Hines arrived approximately fifteen minutes later.

Sometime before Hines reached the scene, the driver of the car was stopped by the officers and identified. The trial court found that “[w]hen INS Agent Hines arrived, the driver was still outside the car, apparently speaking with Booth.” Upon arrival, Agent Hines talked with the defendant, who told Hines that he was an illegal alien. The defendant was then arrested, handcuffed and transported to the Mesa County Jail. The defendant sought to suppress evidence obtained from him at the scene in the course of a search incident to the arrest and during a later search at the jail.

The trial court concluded that the police had conducted an investigatory stop of the defendant without having a reasonable suspicion that the defendant had engaged in or was about to engage in criminal conduct. The court, therefore, suppressed the evidence subsequently obtained from the defendant.

II.

Initially, we consider whether the defendant was subjected to an investigatory stop implicating the fourth amendment to the United States Constitution and article II, section 7, of the Colorado Constitution.2 A contact between the police and a citizen constitutes a seizure within the meaning of the fourth amendment when the police restrain the liberty of the citizen by physical force or show of authority. Immigration and Naturalization Serv. v. Delgado, 466 U.S. 210, 215, 104 S.Ct. 1758, 1762, 80 L.Ed.2d 247 (1984); Terry v. Ohio, 392 U.S. 1, 19 n. 16, 88 S.Ct. 1868, 1879 n. 16, 20 L.Ed.2d 889 (1968); People v. Stevens, 183 Colo. 399, 405, 517 P.2d 1336, 1339 (1973); Stone v. People, 174 Colo. 504, 508, 485 P.2d 495, 497 (1971). An arrest may be the clearest example of such a seizure, but seizures involving only a brief detention also implicate the fourth amendment. United States v. Brignoni-Ponce, 422 U.S. 873, 878, 95 S.Ct. 2574, 2578, 45 L.Ed.2d 607 (1975); Davis v. Mississippi, 394 U.S. 721, 726-27, 89 S.Ct. 1394, 1397-98, 22 L.Ed.2d 676 (1969); People v. La-Grutta, 775 P.2d 576, 579 (Colo.1989); Stone, 174 Colo. at 508, 485 P.2d at 497. Not all encounters with the police, however, amount to seizures. Terry, 392 U.S. at 19 n. 16, 88 S.Ct. at 1879 n. 16. The United States Supreme Court has stated that a person is seized “if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” Delgado, 466 U.S. at 215, 104 S.Ct. at 1762 (quoting United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 1877, 64 L.Ed.2d 497 (1980) (Stewart and Rehnquist, JJ.)). Examples of such circumstances include “the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer’s request might be compelled.” Mendenhall, 446 U.S. at 554, 100 S.Ct. at 1877.

The record reflects that Officers Booth, Grimsby and Mendoza “secured” the residence at 1353 North 21st.3 The [973]*973driver of the vehicle was questioned and detained. Booth approached the vehicle in which the defendant was sitting and questioned the defendant. Because the defendant did not respond to the questioning, Officer Mendoza questioned the defendant in Spanish. By asking for the defendant’s “papers or documentation,” Mendoza made clear that the police were suspicious of the defendant’s residency status. Fifteen minutes later, Special Agent Hines arrived and further questioned the defendant. Mendoza testified that while waiting for Agent Hines, Mendoza “stood by the car, watched the two gentlemen that were seated in the back seat until [Hines] arrived” and that while Hines was talking to them Mendoza “maintained a visual on both of them.”

The trial court found:

[g]iven these circumstances, which include the prompt ‘securing’ of the residence, the questioning and detention of the driver of the car in which the defendant was a passenger and the presence of at least three law enforcement officers, a reasonable person in the defendant’s shoes would have believed he was not free to leave at this point.'

The trial court applied the correct legal standard to the historical facts found by the court, which are supported by the evidence. The defendant, therefore, was subjected to a seizure within the meaning of the fourth amendment of the United States Constitution and article II, section 7, of the Colorado Constitution.

III.

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People v. Carillo-Montes
796 P.2d 970 (Supreme Court of Colorado, 1990)

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Bluebook (online)
796 P.2d 970, 14 Brief Times Rptr. 1198, 1990 Colo. LEXIS 555, 1990 WL 129124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carillo-montes-colo-1990.