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 circumstances known when they ordered Funez-Paiagua to stop, including the late hour, recent criminal activity, his presence on closed business property, a loud crash, his departure, and his bags. The court therefore reversed the trial court's suppression order. Chief Justice Bender, joined by Justice Marquez, dissented, concluding that the circumstances were materially indistinguishable from an earlier decision finding no reasonable suspicion.