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eBook details

• Title: People V. Staton
• Author : Colorado Supreme Court
• Release Date : January 23, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The People bring this interlocutory appeal under C.A.R. 4.1 to challenge the trial court's suppression of evidence seized pursuant to an automobile search warrant issued in North Carolina. The defendant-appellee, Andrew Thorpe Staton (Staton), was charged with one count of first degree felony murder, section 18-3-102(1)(b), 8B C.R.S. (1986), and one count of first degree murder after deliberation, section 18-3-102(1)(a), 8B C.R.S. (1995 Supp.). Staton moved to suppress all evidence obtained from the automobile search based on the insufficiency of the search warrant and supporting affidavit.*fn1 The trial court granted the motion holding that the warrant failed to meet the Fourth Amendment's particularity requirement. We hold that: (1) the warrant's defects were cured by the supporting affidavit which was incorporated by reference into the warrant; (2) under the particular circumstances presented here, the validity of the search did not depend upon whether the curative affidavit accompanied the warrant at the time the search was executed; and (3) the supporting affidavit stated with sufficient particularity the property to be seized. Accordingly, we reverse the trial court's order suppressing the evidence seized from Staton's automobile.

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