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Mccall V. People

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eBook details

  • Title: Mccall V. People
  • Author : Colorado Supreme Court
  • Release Date : January 02, 1981
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

We granted certiorari to review the decision of the court of appeals in People v. McCall, 43 Colo. App. 117, 603 P.2d 950 (1979), which affirmed the defendant's convictions for first degree murder, section 18-3-102, C.R.S. 1973 (1978 Repl. Vol. 8), and conspiracy to commit that offense, sections 18-2-201 and 18-3-102, C.R.S. 1973 (1978 Repl. Vol. 8). The court of appeals held that neither the Fourth Amendment to the United States Constitution nor Article II, Section 7, of the Colorado Constitution required the police to obtain an arrest warrant before entering the defendant's residence to effect his arrest even in the absence of exigent circumstances, and consequently, the defendant's confession was not suppressible as the product of an unconstitutional arrest. We reverse the judgment of the court of appeals and remand for a new trial.


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