[Download] "People v. Alarid" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: People v. Alarid
- Author : Colorado Supreme Court
- Release Date : January 19, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
The defendants in this action filed a motion to suppress, relying on our decision in People v. Avery, 173 Colo. 315, 478 P.2d 310 (1970), in which we held that "* * * when authority is desired to search a particular apartment or apartments within an apartment building, or a particular room or rooms within a multiple-occupancy structure, the warrant must sufficiently describe the apartment or subunit to be searched, either by number or other designation, or by the name of the tenant or occupant; and where, as here, the warrant merely describes the entire multiple-occupancy structure by street address only, without reference to the particular dwelling unit or units sought to be searched, it is constitutionally insufficient and the evidence seized pursuant to such a warrant will be suppressed upon proper motion." After hearing the evidence, and making a finding that 3740 South Delaware was a multiple-family dwelling in which the defendant Miss Smith maintained a separate apartment, the trial judge suppressed the evidence.