People v. Burns

The defendant has been charged with second-degree burglary. In this interlocutory appeal, filed pursuant to C.A.R. 4.1, the People challenge the district court’s order granting the defendant’s motion to suppress evidence and statements obtained at the time of the defendant’s arrest, as well as the in-court identification of the defendant by a prosecution witness. We reverse the district court’s order.

This appeal arose from the following facts. On November 28, 1978, at approximately 3:30 a.m., the owner of the Jolly Feast restaurant in Denver, Mr. Daddis, was informed that the burglar alarm at…