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252 P.3d 459
Colo.
2011
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Background

  • Officers stopped the Jeep for a broken taillight; license of the driver was revoked.
  • Brant, a passenger, acted furtively and hid something between the door and seat as officers approached.
  • Officer Cash conducted a pat-down of Brant and then searched the passenger area for weapons.
  • A glove was found between the door and seat; upon squeezing, a pipe and bags of suspected narcotics were discovered.
  • Brant was arrested after Miranda warnings and later provided more drug paraphernalia.
  • The trial court suppressed the glove evidence as the fruits of an unlawful initial search; the issue on appeal was the legality of the protective search and the plain feel seizure.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the protective search of the passenger compartment was justified. Brant; the glove area exceeded scope of weapon search. Brant; protective search limited to weapon-detection; glove not within scope. Yes; protective search extended to passenger area.
Whether the glove was admissible under plain feel. State; glove immediately identified as a pipe, enabling seizure. Brant; contraband discovery during protective search should be suppressed. Yes; plain feel allowed seizure of contraband during valid protective search.

Key Cases Cited

  • People v. McDaniel, 160 P.3d 247 (Colo. 2007) (protective search of passenger area at stop supported by fear of armed suspect)
  • People v. Corpany, 859 P.2d 865 (Colo. 1993) (scope of protective search for weapons; objects within reach may be examined for weapon)
  • People v. Altman, 938 P.2d 142 (Colo. 1997) (objectively reasonable protective search for weapons; drift from intent not allowed)
  • People v. Melgosa, 753 P.2d 221 (Colo. 1988) (furtive gesture supports weapons search; limited intrusion allowed)
  • People v. Weston, 869 P.2d 1296 (Colo. 1994) (allowing cursory examination of discovered objects during protective search)
  • Dickerson v. United States, 508 U.S. 366 (U.S. 1993) (plain feel doctrine; contraband may be seized during lawful search)
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Case Details

Case Name: People v. Brant
Court Name: Supreme Court of Colorado
Date Published: Apr 18, 2011
Citations: 252 P.3d 459; 2011 WL 1467774; 10SA323
Docket Number: 10SA323
Court Abbreviation: Colo.
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    People v. Brant, 252 P.3d 459