People v. Revoal
269 P.3d 1238
Colo.2012Background
- Officer observed Revoal late at night in an area with recent robberies;Revoal stood beside a closed Subway, then moved toward a liquor store and into a dark area behind it;Revoal looked left and right as if staking out or watching for something;Upon approaching, Revoal turned away when he saw the patrol car and complied with stopping;Officer conducted a Terry frisk after asking about illegal items;Marijuana and a scale with marijuana residue were seized and statements were later suppressed by the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to justify the investigatory stop? | Revoal | Revoal | No reasonable suspicion; stop unlawful |
Key Cases Cited
- People v. Greer, 860 P.2d 528 (Colo.1993) (limits on warrantless street encounters; need for specific, articulable facts)
- People v. Padgett, 932 P.2d 810 (Colo.1997) (requires reasonable suspicion with first prong; corroborating evidence matters)
- People v. Ratcliff, 778 P.2d 1371 (Colo.1989) (more extensive drug-related circumstances can justify suspicion)
- People v. Canton, 951 P.2d 907 (Colo.1998) (anonymous tips; large group in known drug area; flight can support stop)
- People v. Rahming, 795 P.2d 1338 (Colo.1990) (historical crime in locality alone does not justify stop)