People v. Magallanes-Aragon

In this interlocutory appeal brought pursuant to C.A.R. 4.1, the prosecution seeks review of an order by the District Court of the City and County of Denver suppressing drug evidence found in the automobile of the defendant, Cristobal Magallanes-Aragon. The trial court determined that Magallanes-Ara-gon did not knowingly and intelligently consent to a search of the vehicle and ordered the suppression of the evidence. We hold that a trial court must consider the relationship between police conduct and a defendant in deciding whether a consent to search is voluntary. We conclude that the trial…