The People of the State of Colorado, Plaintiff-Appellant v. David Lawrence Cox, Defendant-Appellee.

Summary

The court reversed the order suppressing evidence because the trial court improperly reviewed the magistrate's probable-cause determination de novo, considered information outside the affidavit, and failed to presume the affidavit valid. Applying the required deferential, four-corners review, the court held that the affidavit supplied a substantial basis to believe contraband or evidence of criminal activity would be found on the property. The case was remanded for consideration of Cox's alternative request for a veracity hearing.