People v. Hicks

590 P.2d 967, 197 Colo. 168, 1979 Colo. LEXIS 647
CourtSupreme Court of Colorado
DecidedFebruary 26, 1979
Docket28455
StatusPublished
Cited by8 cases

This text of 590 P.2d 967 (People v. Hicks) 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. Hicks, 590 P.2d 967, 197 Colo. 168, 1979 Colo. LEXIS 647 (Colo. 1979).

Opinions

MR. JUSTICE ERICKSON

delivered the opinion of the Court.

After a preliminary hearing, defendants Mary Elizabeth Hicks and Tangier Eileen Billingsley were bound over to the district court for trial on charges of attempted theft (section 18-2-101, C.R.S. 1973 (1976 Supp.)), theft (section 18-4-401, C.R.S. 1973 (1976 Supp.)), and conspiracy (section 18-2-201, C.R.S. 1973 (1976 Supp.)). The defendants moved to suppress evidence which was seized in a warrantless search of a pickup truck. The women were in the truck enroute to Denver when the truck was stopped and an arrest was made. The district court granted the motion to suppress.

The district attorney brought this interlocutory appeal, asserting that the search was not made in violation of the Fourth Amendment, because [170]*170the items seized were obtained by the “routine inventory” procedure of the Steamboat Springs Police Department. The evidence produced at the suppression hearing supports the findings of the district court, and we, therefore, affirm. People v. Huffman, 189 Colo. 459, 541 P.2d 1250 (1975).

On February 8, 1978, Officer Alderen of the Steamboat Springs Police Department received a report that, on the previous day, three well-dressed black women had attempted to steal a ring from a local jewelry store. On that same day, the Steamboat Springs Police Department was informed that three well-dressed black women had stolen several items of clothing from a local leather goods shop. Further investigation revealed that three well-dressed black women had been seen driving a blue pickup truck in the Steamboat Springs area.

In the evening hours of February 8, 1978, Officer Alderen and Officer Lewis located the blue pickup truck and followed the truck to a local Holiday Inn. There, Alderen followed the defendants into the lobby, where he overheard a conversation among them which indicated that they were preparing to leave for Denver. Although Alderen testified that he believed he had probable cause to arrest the defendants at the hotel, he allowed them to leave the building, reenter the pickup truck, and drive away. Alderen and Lewis followed the defendants for a short distance and then stopped the truck. Prior to the stop, Alderen had briefly apprised Lewis of the facts regarding the two reported crimes and of his reasons for wanting to locate the defendants.

After the stop, Alderen arrested the defendants, handcuffed them, and took them to the police station. Before he left, Alderen instructed Lewis to impound the pickup truck, inventory its contents, and arrange for a tow truck to haul it to the police lot.

The internal operating procedures of the Steamboat Springs Police Department provide that:

“There will be a complete Vehicle Inventory done on ALL Vehicles which we are responsible for the custody of. This means on any arrest when a Party and Vehicle are separated there will be a Vehicle Impound Inventory done.” (Emphasis in original.)

To enable police officers to carry out the department’s directive on vehicle inventories, each officer is provided with a standard form, upon which he is to enter the relevant identifying characteristics of the vehicle being impounded. In addition, space is provided in the form to allow the officer conducting the inventory to list all items found in the vehicle.

Officer Lewis inventoried the defendants’ truck in accordance with the prescribed procedures. While he was transcribing the truck’s vehicle identification number from the door post, Lewis saw several items of clothing and a handbag behind the seat of the truck. Officer Alderen testified that those items were not in plain view and could only be seen by opening the door and looking behind the seat. Lewis seized the clothing [171]*171and the handbag and took them into his custody. Numerous other items were inventoried and left in the truck. The objects which Lewis seized were the subject of the defendants’ motion to suppress.

A search conducted without a warrant is presumptively illegal unless it falls within certain narrowly defined categories. People v. Neyra, 189 Colo. 367, 540 P.2d 1077 (1975). We have recognized that a properly conducted inventory search of an automobile is valid and fits within such a category. People v. Rutovic, 193 Colo. 397, 566 P.2d 705 (1977); People v. Counterman, 192 Colo. 152, 556 P.2d 481 (1976); cf. South Dakota v. Opperman, 428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976); see also State v. Opperman, 247 N.W.2d 673 (S.D. 1976).

The district court, after an evidentiary hearing, held that there were no exigent circumstances at the scene of the stop which would justify a warrantless search. People v. Lorio, 190 Colo. 373, 546 P.2d 1254 (1976); People v. Neyra, supra; People v. Railey, 178 Colo. 297, 496 P.2d 1047 (1972). The district court also found that the police had time and the opportunity to secure a warrant before they searched the car. People v. Hampton, 196 Colo. 466, 587 P.2d 275 (1978). As noted above, Officer Alderen testified that the evidence which was seized was not in “plain view” at the time the pickup truck was stopped.

“[T]he defendants were under arrest; the defendants’ automobile was in police custody; no danger existed that any evidence in the car would be removed or destroyed before a warrant could be secured; in short, no exigent circumstances existed. Thus, even if the evidence was in plain view, the police officers had time to secure a search warrant, and their failure to do so stripped them of lawful authority to enter the vehicle and seize the contested evidence.” People v. Lorio, supra at 1257.

On appeal, the district attorney has attempted to justify the search as one which falls v/ithin the category of a “routine inventory search.” The words “routine inventory search” are not a “talisman in whose presence the Fourth Amendment fades away.” Coolidge v. New Hampshire, 403 U.S. 443, 461, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). A properly conducted inventory search is constitutionally permissible. People v. Counterman, supra; South Dakota v. Opperman, supra. But “lawful custody of an automobile does not of itself dispense with constitutional requirements of searches thereafter made of it.” Cooper v. California, 386 U.S. 58, 61, 87 S.Ct. 788, 17 L.Ed.2d 730 (1967). The existence of a routinely required inventory procedure does not alone validate searches carried out pursuant to that procedure.

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People v. Hicks
590 P.2d 967 (Supreme Court of Colorado, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
590 P.2d 967, 197 Colo. 168, 1979 Colo. LEXIS 647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hicks-colo-1979.