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PEOPLE v. QUINTANA

No. 26025.

514 P.2d 1325 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Gilbert R. QUINTANA and Carol S. Quintana, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

October 9, 1973.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy, Denver, for plaintiff-appellant.

Eugene Deikman, Harry K. Nier, Jr., Denver, for defendants-appellees.

Rollie R. Rogers, Colo. State Public Defender, Denver, J. D. MacFarlane, Chief Deputy State Public Defender, Harold A. Haddon, Chief Trial Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, appearing as amicus curiae.

Jon L. Holm, Peter D. Willis, Denver, for amicus curiae Denver Police Union Local No. 109.

Roger H. Allott, James M. DeRose, Denver, for amicus curiae, Colo. Dist. Attys. Ass'n.

GROVES, Justice.

This is an interlocutory appeal by the District Attorney pursuant to C.A.R. 4.1 (amended on April 1, 1971), from a ruling of the district court granting the defendants' motion to suppress evidence on the ground that certain conditions had not been met. We reverse the ruling.

A search warrant was predicated upon the following affidavit:

"I, officer Gary Leuthauser 69-46, a member of the Denver Police Department, presently assigned...

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