2019 CO 63
Colo.2019Background
- Officer Fernandes heard a man and woman yelling behind a locked gate at a storage facility while on patrol; he could not see the speakers.
- While the officer called dispatch about the disturbance, dispatch advised a caller reported a possible domestic disturbance at that location involving a man named Alexis Brown who allegedly damaged a car windshield.
- Seconds later the yelling stopped and the officer saw a single man walking away from the storage facility; the officer stopped him and asked his name.
- The man identified himself as Alexis Brown; an NCIC/records check revealed an active arrest warrant, and Brown was taken into custody.
- During a search incident to custody, officers found methamphetamine in Brown’s pocket; Brown was charged for drug offenses and moved to suppress the evidence from the encounter. The trial court granted suppression; the People appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to stop Brown for investigatory ID check | Officer had reasonable suspicion because he heard a disturbance at the location and dispatch reported a possible domestic disturbance naming Alexis Brown; Brown was the only person leaving the scene | No reasonable suspicion because dispatch gave no physical description linking Brown to the reported disturbance, so there was no nexus to justify a stop | Reversed: totality of circumstances (reported domestic disturbance, yelling heard, Brown as sole person leaving scene seconds later) supported reasonable suspicion to stop and ask identity |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (constitutional reasonableness standard for investigatory stops)
- People v. Ingram, 984 P.2d 597 (reasonable suspicion required for investigatory stops under Colorado law)
- People v. Perez, 690 P.2d 853 (requirement of specific and articulable facts supporting suspicion)
- People v. Threlkel, 438 P.3d 722 (officer may draw reasonable inferences from circumstantial evidence)
- People v. Bell, 698 P.2d 269 (nonexhaustive factors for assessing reasonable suspicion)
- People v. Mascerenas, 666 P.2d 101 (framework for assessing stop based on flight and area factors)
- People v. Reyes-Valenzuela, 392 P.3d 520 (innocent explanations do not negate reasonable suspicion)
- People v. Castaneda, 249 P.3d 1119 (same: officers may rely on reasonable inferences despite innocent explanations)