Garcia v. People

On February 7, 1964, Gilbert Everett Garcia was tried and convicted of possession of narcotics, specifically cannabis sativa L., more commonly known as marijuana, in violation of C.R.S. ’53, 48-6-2. He was thereafter sentenced to the Colorado State Penitentiary for a period of not less than three nor more than nine years.

Before trial, defense counsel moved to suppress certain evidence which consisted of a matchbook which had a marijuana cigarette therein and marijuana scrapings taken from Garcia’s pockets at the police station.' The court delayed the hearing of this motion until after the…