2012 CO 37
Colo.2012Background
- Officers observed Funez-Paiagua on private property of a closed auto body shop near Colfax Ave at about 1:15 a.m.
- Funez-Paiagua fled when an officer approached and a loud crash occurred as a car stereo amplifier dropped.
- The officer pursued, ordered him to stop, and he complied after a brief foot chase.
- Officers found four outstanding warrants for Funez-Paiagua and arrested him.
- A bag carried by Funez-Paiagua was searched, revealing a gun.
- Evidence from the stop led to a weapon-by-a-previous-offender charge; the trial court suppressed it as unconstitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to justify the investigatory stop? | People contends totality supported stop | Funez-Paiagua contends lack of suspicion | Yes; totality supported reasonable suspicion |
Key Cases Cited
- People v. Padgett, 932 P.2d 810 (Colo.1997) (reasonable suspicion required; unarticulated hunch insufficient)
- People v. Greer, 860 P.2d 528 (Colo.1993) (standing alone, history of crime not enough for stop)
- People v. Revoal, 269 P.3d 1238 (Colo.2012) (fact pattern nearly identical; no reasonable suspicion)
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes framework for stop based on reasonable suspicion)
- People v. Canton, 951 P.2d 907 (Colo.1998) (confirms corroborated tips can support stop)
- People v. Ratcliff, 778 P.2d 1371 (Colo.1989) (drug activity context supports stop)