People v. Rodriguez

delivered the Opinión of the Court.

We granted certiorari in People v. Rodriguez, 924 P.2d 1100 (Colo.App.1996), to re*1355view the judgment of the court of appeals overturning the conviction of respondent Rodriguez for possession of a schedule I controlled substance, heroin.1 The court of appeals reversed the district court’s denial of Rodriguez’s motion to suppress, holding that the detention of Rodriguez constituted an illegal arrest which tainted Rodriguez’s later consent to search. We affirm the holding of the court of appeals, but we employ different reasoning.

We hold that when an officer…