People v. Vissarriagas
2012 CO 48
| Colo. | 2012Background
- People appeal an order suppressing evidence seized after an inventory search following a traffic stop.
- Defendant was charged with possession of a controlled substance and drug paraphernalia.
- Police stopped the vehicle for running a red light; the driver lacked license/insurance and plates were unregistered.
- Vehicle impounded and inventory search conducted; heroin and drug paraphernalia found.
- Trial court suppressed the evidence, finding the stop pretextual; People sought interlocutory review.
- Court reverses suppression, remanding for factual findings on inventory search consistent with Pineda v. People.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the traffic stop illegal due to pretext? | People: stop had independent basis—ran red light. | Vissarriagas: stop tainted by pretext for search. | Stop valid; independent basis justified stop. |
| Is the inventory search valid as a standard, policy-based inventory search? | People: inventory search lawful under routine procedures. | Vissarriagas: pretext invalidates inventory search. | Inventory search may be valid if conducted per policy; remand for findings on reasonableness and compliance with procedures. |
Key Cases Cited
- Pineda v. People, 230 P.3d 1181 (Colo.2010) (inventory search exception requires objective reasonableness and policy-based conduct)
- Hauseman v. People, 900 P.2d 74 (Colo.1995) (inventory searches must be conducted under standardized criteria)
- Hebert v. People, 46 P.3d 473 (Colo.2002) (warrantless searches: inventory searches justified by established exceptions)
- People v. Haley, 41 P.3d 666 (Colo.2001) (reasonable expectation of privacy in autos; stop requires articulable facts)
- People v. Cherry, 119 P.3d 1081 (Colo.2005) (stop necessity based on articulable facts; officer’s subjective intent irrelevant)