Supreme Court of Colorado
The People of the State of Colorado, Plaintiff-Appellant v. Adolph E. Funez-Paiagua, Defendant-Appellee
May 21, 2012276 P.3d 576
Summary
The court held that the officers had reasonable suspicion to conduct an investigatory stop based on the totality of the circumstances known when they ordered Funez-Paiagua to stop, including the late hour, recent criminal activity, his presence on closed business property, the absence of nearby businesses or people, a loud crash, and his movement away while carrying bags. It therefore reversed the trial court's suppression order concerning the gun discovered after the stop led to outstanding arrest warrants and a search incident to arrest. Chief Justice Bender, joined by Justice Márquez, dissented, concluding that the facts were materially indistinguishable from circumstances previously found insufficient to establish reasonable suspicion.