Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. Adolph E. Funez-Paiagua, Defendant-App — Bender, J…

May 21, 2012276 P.3d 576

Summary

The dissent would conclude that the officer lacked reasonable suspicion to conduct an investigatory stop because the defendant's late-night presence near a closed business, movement away from the officer, unidentified crash, and possession of bags did not collectively indicate criminal activity. It would treat the controlling precedent as factually indistinguishable and criticize the majority for relying on minor factual differences. Justice Marquez joined the dissent.