People v. Johnson

605 P.2d 46, 199 Colo. 68, 1980 Colo. LEXIS 540
CourtSupreme Court of Colorado
DecidedJanuary 7, 1980
DocketNo. 79SA318
StatusPublished
Cited by22 cases

This text of 605 P.2d 46 (People v. Johnson) 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. Johnson, 605 P.2d 46, 199 Colo. 68, 1980 Colo. LEXIS 540 (Colo. 1980).

Opinions

ERICKSON, Justice.

This interlocutory appeal was taken by the prosecution. The district court suppressed physical evidence seized from an automobile driven by the defendant prior to his arrest, and also entered an order suppressing statements made by the defendant after his arrest. We reverse and remand for further proceedings consistent with this opinion.

On November 29, 1978, at approximately three o’clock in the morning, Denver Police Officer Northern was patrolling in the general neighborhood of East 11th Avenue and Syracuse when he heard a simulcast on his radio that a 7-11 Store had been robbed nearby. The police report described the robber as a Negro male, wearing a brown coat and blue shirt, who used a tan scarf to [47]*47cover his face. According to Officer Northern, the report stated that a sum of money and some Kool cigarettes were taken.

In response to the police report, the officer pulled over to a filling station on 11th and Syracuse to watch for a vehicle, which might be coming directly from the scene of the robbery. Officer Northern testified that he thought the robbers might be in his area because on that night three 7-11 Stores in that vicinity had been robbed, and the officer knew that certain individuals who had previously been involved in armed robberies lived in a large apartment complex at 11th and Syracuse.

For the next three to five minutes, the officer waited in his car at 11th and Syracuse. He testified that traffic was very light during the first half-hour preceding the report of the robbery, and that the defendant’s car was the first car he saw after the robbery was reported in the police broadcast. The defendant’s car, which arrived at a time approximating the time required to traverse the distance from the robbery scene, turned north on Syracuse, and its occupants, Negro males, took visible note of Officer Northern and his marked police car.

Officer Northern followed the defendant’s car as it travelled north on Syracuse. Before he had proceeded half a block, however, the car made a “U-turn” and pulled into a “Shoppette” parking lot. The officer saw one of the occupants of the car leave the vehicle, walk behind the building out of sight, and return to the car. The car then proceeded north on Syracuse, with Officer Northern following. Two blocks later, the car pulled over to the curb and stopped.

After the vehicle had stopped, Officer Northern turned on his emergency equipment and, using his public address system, ordered the vehicle’s occupants to stay in the car. Prior to that order, Officer Northern had requested backup assistance, and other officers arrived within a few minutes of the stop.

Officer Northern and another officer then approached the car, and Officer Northern shined a flashlight into the backseat of the car. According to his testimony, one of the individuals in the backseat matched the description of the robber.

Subsequent to spotting the individual matching the description of the robber, Officer Northern ordered the occupants to get out and place their hands on the top of the car. As the suspected robber came out of the backseat, money and packages of Kool cigarettes fell from his pockets. The occupants were frisked and placed under arrest.

While the defendant and other occupants were outside the vehicle, one of the assisting officers shined a flashlight into the backseat of the car. He spotted a tan scarf and a gun lying in plain view on the rear floor. He seized both items.

The defendant in this case, who was the driver of the car, was taken directly to the police station. After being advised of his Miranda rights, he was interviewed by two detectives, and he confessed to driving the car while a series of 7-11 Store robberies were completed.

When charges were filed, the defendant moved to suppress the evidence seized in the car as the product of a constitutionally prohibited warrantless search. The defendant also moved to suppress the confession on the grounds that it was involuntary and the product of certain express and implied promises by the interrogating detectives.

At a hearing on the defendant’s motions, the trial judge sua sponte raised the question of the propriety of the initial stop. After taking testimony on this issue, the court held that the stop was not based on probable cause and did not qualify as a temporary detention under Stone v. People, 174 Colo. 504, 485 P.2d 495 (1971). The court then ordered the suppression of the evidence and the statements as products of the illegal arrest. Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979), Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963), Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961).

[48]*48Stone v. People, supra, declared that an officer may lawfully detain an individual for questioning when he has less than probable cause to make an arrest, provided that:

“(1) the officer must have a reasonable suspicion that the individual has committed, or is about to commit, a crime; (2) the purpose of the detention must be reasonable; and (3) the character of the detention must be reasonable when considered in light of the purpose.”

Cf. Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979). (Identification stop must be based on reasonable and articulable suspicion.) The trial judge in this case held that Officer Northern did not have a reasonable and articulable suspicion that one or more of the occupants of the vehicle had robbed the 7-11 Store. We disagree.

The record shows that Officer Northern based his stop not on mere whim or an unsubstantiated hunch, but, in fact, had reasonable and articulable suspicions. Cf. People v. Casias, 193 Colo. 66, 563 P.2d 926 (1977); Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) (Harlan, J., concurring). First, the officer in this case had more than 10 years experience on the Denver Police force, and knew that the area surrounding 11th and Syracuse had been subjected to several robberies that evening and that individuals who had committed robberies lived in the area. Second, the defendant’s car, bearing individuals who could have matched the description given in the police report, appeared at approximately the time expected of a vehicle coming from the scene of the robbery, and immediately proceeded away from the marked patrol car. Third, when Officer Northern followed the occupants, they immediately made a U-turn, which could have reasonably served to reenforce Officer Northern’s suspicions that the individuals in the car were trying to avoid contact with the police. Finally, the activities of one of the vehicle’s occupants at the Shoppette, which is not unlike a 7-11 Store, may have suggested to Officer Northern that these individuals may have been involved in the earlier robbery.

The defendant argues that Officer Northern’s suspicions were not reasonable when measured against the facts in

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

Related

People v. Romero
767 P.2d 1225 (Supreme Court of Colorado, 1989)
People v. Guffie
749 P.2d 976 (Colorado Court of Appeals, 1987)
People v. Savage
698 P.2d 1330 (Supreme Court of Colorado, 1985)
People v. Cobb
690 P.2d 848 (Supreme Court of Colorado, 1984)
People v. Wells
676 P.2d 698 (Supreme Court of Colorado, 1984)
People v. Carlson
677 P.2d 310 (Supreme Court of Colorado, 1984)
People v. Weeams
665 P.2d 619 (Supreme Court of Colorado, 1983)
People v. Mascarenas
666 P.2d 101 (Supreme Court of Colorado, 1983)
People v. Gouker
665 P.2d 113 (Supreme Court of Colorado, 1983)
People v. Hazelhurst
662 P.2d 1081 (Supreme Court of Colorado, 1983)
People v. Lewis
659 P.2d 676 (Supreme Court of Colorado, 1983)
People v. Tate
657 P.2d 955 (Supreme Court of Colorado, 1983)
People v. Velasquez
641 P.2d 943 (Supreme Court of Colorado, 1982)
People v. Chavez
632 P.2d 574 (Supreme Court of Colorado, 1981)
People v. Johnson
620 P.2d 724 (Supreme Court of Colorado, 1980)
People v. Archuleta
616 P.2d 977 (Supreme Court of Colorado, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
605 P.2d 46, 199 Colo. 68, 1980 Colo. LEXIS 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-colo-1980.