People v. Montoya

This interlocutory appeal by the prosecution is pursuant to C.A.R. 4.1 and asserts that the trial judge erred in suppressing evidence seized in an investigatory stop. We affirm.

Patrick V. Montoya, the defendant, was charged with unlawful possession of cocaine, a class three felony. § 18-18-105, 8B C.R.S. (1986). On January 20, 1991, a police officer was making a routine check of a topless bar in a high crime area that he inspects on a regular basis. The defendant was seated at a table located in a darkened area of the bar. When the defendant left the table to go to the men’s room, he passed…