Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. Randiray D. Delacruz, Defendant-Appellee

December 5, 2016384 P.3d 349

Summary

The court held that the firearm was discovered during a valid protective search of the vehicle under the Fourth Amendment. The officer had an objectively reasonable basis to believe that the occupants might be armed and dangerous because one weapon was visible, the passenger appeared to have provided a false name, and the stop occurred in an area associated with criminal activity; the search also remained limited to areas where weapons could be concealed. The court reversed the suppression order and remanded for further proceedings.