People v. Gurule

The People bring this interlocutory appeal to challenge an order of the district court suppressing certain evidence as being seized in violation of the defendant’s Fourth Amendment rights. We reverse.

The facts are undisputed. On April 8, 1978, a shooting and robbery occurred at a Kwik-Way convenience store in Pueblo, Colorado. Based on a victim’s general description of the assailant, police arrested the defendant within a few blocks of the store.

Shortly thereafter, Officer Hurtado, one of the officers investigating the crime, happened across some magazines and a twelve-pack of beer scattered…