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Colorado v. Bannister: Difference between revisions

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== Facts ==
== Facts ==

In the early morning hours of October 15, 1979, a Colorado Springs Police Officer observed a blue 1967 Pontiac GTO automobile moving along a road at a speed above the legal limit. The vehicle disappeared from the Officer's sight before he could stop the vehicle. Shortly thereafter, the officer heard a police radio dispatch reporting that a theft of motor vehicle parts had occurred in the area he was patrolling in his car. The radio dispatch announced that a number of chrome lug nuts were among the items stolen, and provided a description of two suspects. A few minutes later, the officer spotted the same automobile still speeding. He saw the car enter a service station, and followed it there for the purpose of issuing a traffic citation to its driver.

Upon approach of the car, both of its occupants exited. The officer observed chrome lug nuts in an open glove compartment located between the vehicle's front bucket seats, as well as two lug wrenches on the floorboard of the back seat. These items were in plain view, illuminated by the lights of the service station. Because the respondent and his companion fit the description of those suspected of stealing motor vehicle parts, the officer immediately arrested both of them. He then seized the lug nuts and wrenches from their automobile.

== Holding ==
== Holding ==
== Procedural History ==
== Procedural History ==

Revision as of 03:08, 25 June 2010

Facts

In the early morning hours of October 15, 1979, a Colorado Springs Police Officer observed a blue 1967 Pontiac GTO automobile moving along a road at a speed above the legal limit. The vehicle disappeared from the Officer's sight before he could stop the vehicle. Shortly thereafter, the officer heard a police radio dispatch reporting that a theft of motor vehicle parts had occurred in the area he was patrolling in his car. The radio dispatch announced that a number of chrome lug nuts were among the items stolen, and provided a description of two suspects. A few minutes later, the officer spotted the same automobile still speeding. He saw the car enter a service station, and followed it there for the purpose of issuing a traffic citation to its driver.

Upon approach of the car, both of its occupants exited. The officer observed chrome lug nuts in an open glove compartment located between the vehicle's front bucket seats, as well as two lug wrenches on the floorboard of the back seat. These items were in plain view, illuminated by the lights of the service station. Because the respondent and his companion fit the description of those suspected of stealing motor vehicle parts, the officer immediately arrested both of them. He then seized the lug nuts and wrenches from their automobile.

Holding

Procedural History

Majority Opinion