(Download) "People v. Chacon" by Colorado Supreme Court No. 25406 # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Chacon
- Author : Colorado Supreme Court No. 25406
- Release Date : January 28, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
This interlocutory appeal was brought pursuant to C.A.R. 4.1 by the district attorney of Pueblo County. He seeks to reverse
an order of the district court which granted the defendants' motions to suppress statements and tangible evidence obtained
as the result of their arrest for investigation of rape. The district court granted the defendants' motions to suppress on
the ground that the prosecution failed to sustain its burden of proof by showing that the warrantless arrests were supported
by probable cause. We affirm. In People v. Feltch, 174 Colo. 383, 483 P.2d 1335 (1971), we stated that "[t]he burden of proving the existence of probable
cause for an arrest without a warrant is on the prosecution." Accord, People v. Valdez, 173 Colo. 410, 480 P.2d 574 (1971).
Although the record in this case suggests that the defendants were arrested on the basis of a complaint made by the alleged
victim, no evidence of such a complaint or of its contents or the basis for the complaint was presented to the court. The
prosecution's failure to present evidence to support a determination that the arrest of the defendants was supported by probable
cause left the court with no alternative but to hold that the arrests were unlawful and their fruits inadmissible. People
v. Moreno, 176 Colo. 488, 491 P.2d 575 (1971); Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).
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