People v. Foster

The People in this interlocutory appeal challenge the district court’s suppression of cocaine seized from the defendant, Robert Jay Foster, during a search of his person at the Mesa County Jail following his war-rantless arrest for theft of an all-terrain vehicle (hereinafter referred to as “motorcycle”). The district court suppressed the evidence because the prosecution failed to establish probable cause for the defendant’s arrest. We affirm the suppression ruling.

The defendant is presently charged in the district court of Mesa County in a two-count information with possession of, and…