People v. Walters
249 P.3d 805
| Colo. | 2011Background
- Walters was charged with possession with intent to distribute a controlled substance after a search of his vehicle yielded methamphetamine.
- Walters moved to suppress vehicle-search evidence and post-arrest statements, arguing the stop was unlawful and pretextual.
- Detective Soustek had an informant arrange a buy and informed Sergeant DeVries, who told Officer Portillo to stop Walters and seek consent to search.
- Portillo encountered Walters in a Kmart parking lot; Walters had hood up, exited the car, and appeared nervous as Portillo approached.
- Walters consented to a pat-down and vehicle search; methamphetamine was found between the passenger-seat cushions.
- The trial court suppressed the evidence and statements, citing pretextual arrest; on interlocutory appeal, the prosecution challenged the suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Portillo's contact with Walters an investigatory stop? | Walters contends it was an investigative stop requiring reasonable suspicion. | Walters argues the encounter was consensual and not a seizure. | Encounter was consensual, not an investigatory stop |
| Is the subsequent search of Walters's vehicle valid as a consensual search? | Consent to search flowed from a consensual encounter; no unlawful stop needed. | Pretextual arrest undermines validity of consent and search. | Search deemed consensual and valid |
| Are Walters's statements admissible given the search was consensual? | Statements admissible as voluntary and not fruits of an illegal search. | If the stop/search was illegal, statements are tainted as fruit of the poisonous tree. | Statements admissible; not fruit of an unlawful search |
Key Cases Cited
- People v. Marujo, 192 P.3d 1003 (Colo.2008) (three contact types; seizure requires restraint of liberty)
- People v. Cascio, 932 P.2d 1381 (Colo.1997) (consensual vs. investigatory encounters; factors for seizure)
- People v. Hill, 929 P.2d 735 (Colo.1996) (seizure requires a reasonable person not free to leave; factors listed)
- People v. Johnson, 865 P.2d 836 (Colo.1994) (consensual encounter and non-coercive questioning)
- Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (consent to search can be voluntary in presence of police absence of coercion)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (subjective intent of officer irrelevant to reasonable suspicion standard)