Legal Opinion

People v. Smith

Supreme Court of Colorado

Decided September 11, 2000No. 00SA47PublishedCited by 31 opinions

1Opinion of the CourtJustice Kourlis

In this interlocutory appeal, the State challenges a suppression order of the trial court. The trial court held that the amount of force used by police during a traffic stop escalated the encounter into an arrest, which was not supported by probable cause. Therefore, the trial court suppressed the evidence obtained from a search of the defendant's vehicle.

We disagree with the trial court's conclusions of law. Although the police did display force, their conduct was not unreasonable in light of the cireumstances the officers faced. Accordingly, we characterize this police-citizen encounter as…

2Cases cited19 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Michigan v. LongSupreme Court of the United States · 1983
  4. Texas v. BrownSupreme Court of the United States · 1983
  5. United States v. Manuel Melendez-GarciaCourt of Appeals for the Tenth Circuit · 1994

14 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. People v. PittsSupreme Court of Colorado · 2000
  2. People v. RaglinColorado Court of Appeals · 2000
  3. People v. AriasSupreme Court of Colorado · 2007
  4. People v. WallaceColorado Court of Appeals · 2004
  5. People v. MilliganColorado Court of Appeals · 2003

26 more not listed; retrieve them via the Exa API.

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