People v. Triantos

Police arrested defendant Larry Triantos for possession of drug paraphernalia, a class two petty offense. Conducting a routine search of Defendant during "booking," deputies discovered a bag of methamphetamine. In a pre-trial hearing, the judge granted Defendant's motion to suppress the substance. The judge construed section 16-2-201, 6 C.R.S. (2002), as requiring a police officer confronting someone suspected of a class two petty offense to issue a summons rather than to arrest that person unless "circumstances reasonably persuade the officer that the alleged offender is ... unlikely to…