People v. Gonzales

525 P.2d 1139, 186 Colo. 48, 1974 Colo. LEXIS 693
CourtSupreme Court of Colorado
DecidedAugust 6, 1974
Docket25794
StatusPublished
Cited by17 cases

This text of 525 P.2d 1139 (People v. Gonzales) 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. Gonzales, 525 P.2d 1139, 186 Colo. 48, 1974 Colo. LEXIS 693 (Colo. 1974).

Opinions

MR. JUSTICE HODGES

delivered the opinion of the Court.

Appellant Gonzales was found guilty by a jury of burglary (C.R.S. 1963, 40-3-5) and theft (1965 Perm. Supp., C.R.S. 1963, 40-5-2). He received concurrent sentences. On this appeal, Gonzales asserts that the two inculpatory statements he made to the police after arrest were improperly admitted into evidence because he was arrested without probable cause and the statements were not voluntary. Also, it is contended that the evidence is insufficient to sustain the jury verdicts, and that the jury should not have been instructed on the subject of flight. We find no merit to the defendant’s contentions and we therefore affirm the judgment of the trial court.

Approximately $3,248 mysteriously disappeared between noon and 2:00 p.m. from the cashier’s cage of a discount [51]*51food store. No one saw the defendant in the store. As the result of a tip from an informant that the defendant had taken this money and had purchased an automobile with some of it, the police arrested him. Thereafter, the defendant made inculpatory statements, the admissibility of which he now challenges. Other pertinent evidence will be included in the discussion of the issues.

I.

Defendant claims that his inculpatory statements should not have been admitted into evidence because the police did not have probable cause to arrest him. Consequently, he asserts, his statements while in custody after arrest were not admissible as being the “fruit of the poisonous tree.” Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

In Wong Sun, the standard for a probable cause arrest, with or without a warrant, was delineated as follows:

“. . . It is basic that an arrest with or without a warrant must stand on firmer ground than mere suspicion, see Henry v. United States, 361 U.S. 98, 101, though the arresting officer need not have in hand evidence which would suffice to convict. The quantum of information which constitutes probable cause — evidence which would ‘warrant a man of reasonable caution in a belief’ that a felony had been committed, Carroll v. United States, 267 U.S. 132, 162 — must be measured by the facts of the particular case. .. .” (Emphasis added.)

In this state, an officer is statutorily authorized to make an arrest without a warrant “when a criminal offense has, in fact, been committed, and he has reasonable grounds for believing that the person to be arrested committed it.” C.R.S. 1963, 39-2-20.

We look now to the evidence on which the investigating officer, Detective Sergeant Bravo, made the arrest. From our analysis of the facts in the light of the Wong Sun standard, we find that there was probable cause to make the warrantless arrest here.

The record shows that Mrs. Milhelich, the cashier, counted [52]*52the cash, separated the currency into bundles by denomination, le., $20’s, $10’s, $5’s and $l’s, at 7:00 a.m. and at 12 o’clock noon. After the 12 o’clock count, she left the store for the day.

Mrs. Milhelich counted the cash in the cash registers and in the cashier’s cage. At 12 o’clock, there was in excess of $10,000 in cash, checks and currency. The adding machine tapes which she made showed two items of $1,000 and two items of $500. Mrs. Milhelich explained that the $1,000 items represented $20 bills and one $500 item represented $10 bills. The other $500 item represented $5 bills. She explained every item on the tapes and stated that she had counted each one.

When Mrs. Milhelich left, no one replaced her in the cashier’s cage. The cage had a window and a door with a snap lock that could be opened by reaching over the door and pushing a release on its underside. The manager and two assistant managers entered the cage on occasion in order to cash customer checks.

At approximately 2:00 p.m., one of the assistant managers went in to cash a check and discovered that there were no $20 bills. He called the bookkeeper who made an immediate audit in the same fashion as the cashier had done earlier. The audit disclosed a shortage of $3,248.48.

At the trial, the manager, assistant manager and the bookkeeper, all of whom had been in the store continuously since before 12 o’clock noon, testified that they did not know the defendant and none of them had seen him in the store on Saturday.

The first information as to defendant’s involvement was received by Police Corporal Koncilja. A paid informer, on or about October 27th, advised him:

“... that the Defendant, Gonzales, was the individual who had removed an amount of money from So-Lo Discount.... that he had used this money to buy a late model white GTO in the Denver area and had used the money from the theft to pay for this particular vehicle.”

The officer testified that the informant had furnished information which led directly

[53]*53“. . . to the conviction of currently five individuals and there are four more individuals who are to come to trial within the district courts in Pueblo, and there are five who will be appearing before the district courts in Denver.”

This information was furnished to Detective Sergeant Bravo, who checked with the motor vehicle registration bureau and learned that a 1966 white Pontiac GTO had recently been registered in the name of the defendant. He also checked with the Welfare Department and learned that the defendant was a welfare recipient.

The registration revealed that the automobile had been purchased in Lakewood, Jefferson County, Colorado on October 15th (five days after the theft). Officer Bravo requested an investigation by the Lakewood Police Department. The Lakewood Police Department’s investigation report revealed that it had

“. . . contacted Mr. Roth of Jerry Roth Chev., Inc. and learned that Mr. Gonzales purchased said vehicle with cash in the amount of $1,452.00 and Mr. Roth further states that to the best of his knowledge payment was made mostly with twenty dollar bills.”

On the basis of all of the foregoing information, the arrest was made. In assessing probable cause to arrest without a warrant, all evidence within the knowledge of the arresting officer may be considered even though it may not be competent evidence at trial. Draper v. United States, 385 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959). See also Gallegos v. People, 157 Colo. 173, 401 P.2d 613 (1965).

In reaching the conclusion that probable cause existed at the time of the arrest, we have considered and applied the rulings in Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969) and Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964).

II.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Quinn
794 P.2d 1066 (Colorado Court of Appeals, 1990)
People v. Trujillo
686 P.2d 1364 (Colorado Court of Appeals, 1984)
People v. Mitchell
678 P.2d 990 (Supreme Court of Colorado, 1984)
People v. Hazelhurst
662 P.2d 1081 (Supreme Court of Colorado, 1983)
People v. Quintero
657 P.2d 948 (Supreme Court of Colorado, 1983)
People v. Roybal
655 P.2d 410 (Supreme Court of Colorado, 1982)
People v. MacIas
616 P.2d 150 (Colorado Court of Appeals, 1980)
People v. Vigil
597 P.2d 567 (Supreme Court of Colorado, 1979)
People v. Germany
586 P.2d 1006 (Colorado Court of Appeals, 1978)
People v. Harris
552 P.2d 10 (Supreme Court of Colorado, 1976)
People v. Williams
541 P.2d 76 (Supreme Court of Colorado, 1975)
People v. Gonzales
525 P.2d 1139 (Supreme Court of Colorado, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
525 P.2d 1139, 186 Colo. 48, 1974 Colo. LEXIS 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gonzales-colo-1974.