Legal Opinion
People v. Prescott
Colorado Court of Appeals
Decided August 7, 2008No. 05CA1380PublishedCited by 5 opinions
1Opinion of the Court
Opinion by Judge WEBB.
Defendant, Anthony G. Prescott, appeals the judgment of conviction entered on jury verdicts finding him guilty of possession of a schedule II controlled substance, § 18-18-204, § 18-18-405(l)(a), (2)(a)(I), C.R.S.2007, and possession of drug paraphernalia, § 18-18^428, C.R.S.2007. We conclude that evidence should have been suppressed because Prescott did not impliedly consent to a war-rantless search, and therefore we reverse and remand for a new trial.
I. Facts
Before trial, Prescott moved to suppress evidence seized in his hotel room and statements he made at the hotel…
2Cases cited47 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Payton v. New YorkSupreme Court of the United States · 1980
- Horton v. CaliforniaSupreme Court of the United States · 1990
- Georgia v. RandolphSupreme Court of the United States · 2006
- United States v. Marvin BerkowitzCourt of Appeals for the Seventh Circuit · 1991
42 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- v. KesslerColorado Court of Appeals · 2018
- People v. WilliamsColorado Court of Appeals · 2012
- People v. BrownColorado Court of Appeals · 2016
- Hanson v. Colo. Dep't of Revenue, Motor Vehicle Div.Colorado Court of Appeals · 2012
- People v. ClemensColorado Court of Appeals · 2013