People v. Gonzales

I respectfully dissent. In my view, the majority opinion ignores fundamental principles of constitutional law and firmly established rules of evidence in reaching its conclusion to affirm Gonzales’ conviction.

I

Probable Cause

The United States Constitution and the Colorado Constitution are couched in terms that protect an accused from an arrest when probable cause does not exist to establish that a crime has been committed by the defendant. Colo. Const., Art. II, § 7; U. S. Const. amends. IV and XIV. Marquez v. People, 168 Colo. 219, 450 P.2d 349 (1969); Johnson v. Enlow, 132 Colo. 101, 286…