People v. Dandrea

I agree with the majority’s holding that the deputy was justified in conducting a *1219pat-down search that included removing all objects from the defendant’s coat pockets. However, I disagree with the majority’s further holding that the deputy violated the protective custody statute, or the defendant’s constitutional rights, when he opened the package to identify the probable weapon. I respectfully dissent.

The majority correctly states that the purpose and rationale of the Colorado Alcoholism and Intoxication Treatment Act [hereinafter Alcoholism Act or Act] focus on concern for the safety and…