Supreme Court of Colorado

The People of the State of Colorado v. Andrian Arapu

June 4, 2012283 P.3d 680

Summary

The court reversed the suppression order, holding that Arapu’s consent reasonably encompassed Detective Chi’s identification questions to the woman in the apartment and his remaining there until federal agents departed so he could secure the premises. The court also held that the redacted warrant affidavit established probable cause based on Chi’s lawful observation of suspected cocaine and that the firearm would have been discovered independently during execution of the warrant. Chief Justice Bender, joined by Justices Hobbs and Boatright, dissented, concluding that the trial court’s narrower consent determination was supported by the evidence and should not have been disturbed.