People v. Schreyer

640 P.2d 1147, 1982 Colo. LEXIS 545
CourtSupreme Court of Colorado
DecidedFebruary 16, 1982
Docket81SA392
StatusPublished
Cited by37 cases

This text of 640 P.2d 1147 (People v. Schreyer) 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. Schreyer, 640 P.2d 1147, 1982 Colo. LEXIS 545 (Colo. 1982).

Opinions

[1148]*1148ERICKSON, Justice.

This is an interlocutory appeal by the prosecution from an order suppressing evidence seized from the trunk of the defendant’s automobile and statements made by the defendant to the police. We affirm.

I.

In the early morning hours of July 6, 1981, Officer Schmidt of the Longmont Police Department was dispatched by a police radio call to investigate a possible car prowler in a residential area of Longmont. When he arrived, he talked with two neighborhood residents, Roberts and Watters, who informed him that they had observed a person “walking around cars in the neighborhood,” and that, a short time later, they saw the same person “carry some items to a car” and place them in the trunk. The car then left the área. Roberts and Watters described the car as a “white four-door, probably a Chevrolet [and] possibly an Impala,” with a loud muffler. While Officer Schmidt was talking with the two witnesses, one of them said: “There goes the car right now,” and pointed at a car which was approximately two blocks from the scene and heading away from them.

Officer Schmidt followed the car and stopped it two or three minutes later. The defendant was the driver and sole occupant of the car. Schmidt asked for and received the defendant’s driver’s license and car registration and, after returning to his police car to check the defendant’s identification and to determine if there were any outstanding warrants for his arrest, radioed for a backup police officer to respond to the scene. A backup officer arrived approximately ten minutes later and spoke briefly with Officer Schmidt and the two witnesses who were also at the scene. Officer Schmidt then advised Schreyer of his Miranda rights.1

Schreyer waived his rights under Miranda. The backup officer then removed an eight-track tape player from the back seat of the defendant’s car and examined it. When questioned about its ownership, Schreyer declared that he “had it for several years.” After examining it, the backup officer then put the tape player back in Schreyér’s car and went to the rear of the car, where he used a flashlight to look into a three-inch crevice in the trunk lid. Through the crevice he saw a black electronics unit labeled “Realistic,” which he believed to be another eight-track tape player. He asked the defendant about the ownership of the tape player in the trunk, and the defendant responded that he had “never owned a Realistic tape player.” Schreyer was then asked to consent to a search of his car, and he responded that he would rather talk to a lawyer first. Officer Schmidt then placed Schreyer in handcuffs and directed him to remain in the patrol car. The arrest was made before the police obtained evidence that the defendant had committed a crime.

On July 9, 1981, an information was filed in Boulder District Court charging Schreyer with first degree criminal trespass.2 Thereafter, Schreyer filed a Motion to Suppress Statement and Evidence which challenged the legality of his detention and the subsequent search of his car. On September 4, 1981, the district judge granted the defendant’s motion to suppress, and concluded that the initial stop of the defendant exceeded the limited investigatory detention authorized in Stone v. People, 174 Colo. 504, 485 P.2d 495 (1971), and constituted a war-rantless arrest without probable cause. We agree and affirm the ruling of the trial court.

II.

The question before us is whether the investigatory stop and the subsequent war-rantless arrest violated rights guaranteed to the defendant by the Fourth Amendment to the United States Constitution and Article II, Section 7 of the Colorado Constitution. In our view, the defendant’s arrest was not supported by probable cause. Ac[1149]*1149cordingly, the evidence obtained as a result of the defendant’s arrest must be suppressed.

A.

The Investigatory Stop

The defendant claims that the initial stop was an unreasonable seizure, and the district court upheld his contention that an investigatory stop required probable cause. We disagree. The rationale for an investigatory stop was first set forth in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Terry upheld the lawfulness of certain brief police stops based upon a standard of less than probable cause for the traditional arrest or custodial interrogation. In determining whether an investigatory stop by police is unreasonable and unconstitutional, the United States Supreme Court adopted a test which balanced the nature and extent of the governmental interests involved in effecting such a stop against the defendant’s constitutional right to be free from unreasonable searches and seizures. Terry created an exception to the general rule which requires probable cause for an arrest, and the scope of the exception is narrow. See, e.g., United States v. Cortez, 449 U.S. 411, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981); Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979); Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979); Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977); United States v. Brignoni-Ponce, 422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975); Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972).

We adopted the rationale of Terry v. Ohio in Stone v. People, 174 Colo. 504, 485 P.2d 495 (1971):

“There is an area of proper police procedure in which an officer having less than probable cause to arrest nevertheless may detain an individual temporarily for certain purposes and not violate the unreasonable search and seizure limitation of the Fourth Amendment.” Id. at 508, 485 P.2d 495.

See also People v. Smith, Colo., 620 P.2d 232 (1981); People v. Mangum, 189 Colo. 246, 539 P.2d 120 (1975); People v. Lucero, 182 Colo. 39, 511 P.2d 468 (1973).

To protect a citizen’s right of privacy, however, police discretion must be limited. The Fourth Amendment to the United States Constitution and Article II, Section 7 of the Colorado Constitution require that specific, articulable, and objective facts indicate that society’s legitimate interests demand the seizure of a particular individual. See, e.g., Reid v. Georgia, 448 U.S. 438, 100 S.Ct. 2752, 65 L.Ed.2d 890 (1980); Brown v. Texas, 443 U.S. 47, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979); Delaware v. Prouse, supra; People v. Smith, supra. In Stone,

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

Related

People v. King
16 P.3d 807 (Supreme Court of Colorado, 2001)
People v. Rodriguez
945 P.2d 1351 (Supreme Court of Colorado, 1997)
People v. Rodriguez
924 P.2d 1100 (Colorado Court of Appeals, 1996)
People v. Davis
903 P.2d 1 (Supreme Court of Colorado, 1995)
People v. McCoy
870 P.2d 1231 (Supreme Court of Colorado, 1994)
People v. Barros
835 P.2d 587 (Colorado Court of Appeals, 1992)
People v. Coy
832 P.2d 1043 (Colorado Court of Appeals, 1992)
Orr v. People
803 P.2d 509 (Supreme Court of Colorado, 1990)
People v. Rister
803 P.2d 483 (Supreme Court of Colorado, 1990)
People v. Garcia
789 P.2d 190 (Supreme Court of Colorado, 1990)
People v. Lidgren
739 P.2d 895 (Colorado Court of Appeals, 1987)
People v. Trujillo
710 P.2d 1169 (Colorado Court of Appeals, 1985)
People v. Koolbeck
703 P.2d 673 (Colorado Court of Appeals, 1985)
People v. Cobbin
692 P.2d 1069 (Supreme Court of Colorado, 1984)
People v. Tottenhoff
691 P.2d 340 (Supreme Court of Colorado, 1984)
People v. Cobb
690 P.2d 848 (Supreme Court of Colorado, 1984)
People v. Villiard
679 P.2d 593 (Supreme Court of Colorado, 1984)
People v. Stark
682 P.2d 1240 (Colorado Court of Appeals, 1984)
People v. Wells
676 P.2d 698 (Supreme Court of Colorado, 1984)
People v. Gouker
665 P.2d 113 (Supreme Court of Colorado, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
640 P.2d 1147, 1982 Colo. LEXIS 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schreyer-colo-1982.