DeLaCruz v. People

James DeLaCruz, the defendant below, was convicted of possession of heroin. He has appealed to this Court seeking reversal on the ground that the Pueblo police obtained evidence in violation of his constitutional, rights. U.S. Const, amend. IV; Colo. Const., art. II, § 7. The conviction was based upon the admission into evidence of heroin which was seized from the defendant at the time of his arrest. The defendant contends that the heroin should not have been admitted as evidence, but should have been suppressed because it was the fruit of a warrantless arrest that was made without probable…