Legal Opinion · Dissent

People v. Davis

Supreme Court of Colorado

Decided September 25, 1995No. 95SA36Published

1DissentChief Justice Vollack

I disagree with the majority’s conclusion that the facts and circumstances known to the arresting officer at the time of the arrest were not sufficient to give rise to probable cause that the defendant, Chester Davis (Davis), was loitering. Maj. op. at 4, 6. I dissent because I believe that the officer had probable cause to arrest Davis for loitering based upon his observations at the Loaf-N-Jug combined with the information received by the officer that on the previous night, a female customer of the convenience store had seen a “transient type male” at that location who reportedly had been…

2Cases cited9 opinions

  1. Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
  2. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1986
  3. People v. ChavezSupreme Court of Colorado · 1981
  4. United States v. Kenneth J. ZimpleCourt of Appeals for the Seventh Circuit · 1963
  5. People v. GreerSupreme Court of Colorado · 1993

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