People v. Pate
People v. Pate
Opinion of the Court
In this interlocutory appeal, the People, pursuant to C.A.R. 4.1, challenge a ruling of the Larimer County District Court granting the defendant’s motion to suppress. Finding that the police lacked probable cause to arrest the defendant, the trial court suppressed the cocaine seized from her purse as well any statements made by her as the fruits of her illegal arrest. We reverse.
I.
The evidence elicited at the suppression hearing which forms the factual basis for this appeal is not in dispute. At approximately 3:15 a.m. on July 14, 1984, Detective Ray Bontz, of the Loveland Police Department, was conducting a routine building check in the Orchards Shopping Center when he heard loud noises, including the honking of horns and voices coming from the parking lot. As Officer Bontz approached the scene, the driver of a motorcycle, who identified himself as Kenneth Howell, motioned the officer to his side.
Howell then left the scene but returned shortly thereafter stating that he wished to speak with the officer in private. He told the officer that the defendant had cocaine in her checkbook in her purse. When asked how he knew this, Howell explained that he had been with the women earlier in the evening, that they had been “snorting” cocaine, and that he had seen
After receiving this information, the officer approached the car and instructed both occupants to step out. When they did so with their purses, he requested that they leave them in the vehicle.
At that time, both women were arrested and transported to the Loveland Police Department. Detective Randy Taylor, who conducted the field tests on the substance identified as cocaine, later interviewed each woman separately. After advising the defendant of her Miranda rights, he obtained a statement from her.
Based on these facts, the trial court concluded that the police lacked “probable cause to either effect an arrest for possession or to inquire further.” Accordingly, it suppressed the seizure of the cocaine and any statement made by the defendant as the fruit of her illegal arrest.
II.
Before concluding that there was no probable cause, the trial court correctly noted that the information Officer Bontz received from Howell, a citizen informer, was presumed to be reliable and trustworthy. This court has consistently held that information provided by citizen informants is not subject to the same credibility standards as information provided by confidential police informants. People v. Rueda, 649 P.2d 1106 (Colo. 1982); People v. Henry, 631 P.2d 1122 (Colo. 1981); People v. Glaubman, 175 Colo. 41, 485 P.2d 711 (1971). As we held in Henry:
When the source of the information is a citizen informer who witnessed a crime and is identified, the citizen’s information is presumed to be reliable and the prosecution is not required to establish either the credibility of the citizen or the reliability of his information.
The trial court ruled, however, that the information given by Howell, not its trustworthiness, was not sufficient to sustain a finding of probable cause. See, e.g., People v. Severson, 39 Colo.App. 95, 561 P.2d 373 (1977) (uncorroborated speculation and conjecture by an inexperienced citizen is not transformed into probability by a report to authorities). We disagree.
Probability, not certainty, is the touchstone of probable cause. People v. Ball, 639 P.2d 1078 (Colo. 1982). “These are not technical; they are factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians act.” Draper v. United States, 358 U.S. 307, 313, 79 S.Ct. 329, 333, 3 L.Ed.2d 327 (1959), quoting Brinegar v. United States, 338 U.S. 160, 175, 69 S.Ct. 1302, 1310, 93 L.Ed. 1879 (1949); see also People v. Conwell, 649 P.2d 1099 (Colo. 1982). Moreover, probable cause does not mean mathematical probability. Rather,
.That probable cause existed is evident from what Officer Bontz saw and heard immediately prior to the arrest. Unlike the citizen informant in People v. Severson, 39 Colo.App. 95, 561 P.2d 373 (1977), who merely suspected that he witnessed a narcotics transaction taking place across a lighted street, Howell provided detailed information which far surpassed speculation or conjecture. Specifically, he told the officer that earlier in the evening he had been “partying” with the two women and that they had been “snorting” cocaine. He then indicated that the defendant kept cocaine in her checkbook in her purse. Howell was then asked how he knew that it was in there. He stated that during the evening the defendant had misplaced her checkbook and had become frantic because she said that there‘was cocaine in it. Howell said that after she found her checkbook she looked under the plastic flap inside, where the balance book or the checks are held in place, and expressed relief that the cocaine was still there. She then put the checkbook into her purse. When asked how he knew the substance was cocaine, Howell indicated that he had previously used cocaine.
Thus, when the defendant emerged from her car with purse in hand, Officer Bontz had probable cause to arrest the defendant. The search of the defendant’s purse incident to the arrest was therefore not unreasonable. People v. Rueda, 649 P.2d 1106 (Colo. 1982) (search incident to lawful arrest justified where probable cause to arrest existed at the time of the search).
Accordingly, the trial court’s ruling is reversed, and the case is remanded for further proceedings.
. Officer Bontz verified the identification by examining Howell’s Colorado driver’s license.
. In a Memorandum Brief in Support of Defendant’s Motion to Suppress Evidence filed by the defendant at the beginning of the suppression hearing, a statement of the facts provides in pertinent part:
The Defendant and a female companion met Mr. Howell for the first time earlier that evening at a bar in Longmont, Colorado. After meeting, the parties traveled with Mr. Howell in the Defendant’s vehicle to Boulder and later returned to Longmont. The Defendant and her companion dropped Mr. Howell off at his motorcycle in Longmont and departed for Loveland. Although uninvited, Mr. Howell began following the women and at an unknown location in Longmont his motorcycle and the Defendant’s vehicle were involved in a minor traffic accident.
. Officer Bontz testified that he requested both women to leave their purses in the car for two reasons: "for my protection, and ... because there was suspected contraband in one of the purses."
. Admissions of crime carry their own indicia of credibility. See United States v. Harris, 403 U.S. 573, 91 S.Ct. 2075, 29 L.Ed.2d 723 (1971); People v. Stoppel, 637 P.2d 384 (Colo. 1981).
Dissenting Opinion
dissenting:
I respectfully dissent. Because the statements made by Kenneth Howell to Detective Bontz were uncorroborated and were not those of a disinterested citizen informant, I would affirm the district court’s ruling that the detective lacked probable cause to arrest the defendant.
The majority describes Howell as a citizen informant, whose information is presumed to be reliable and trustworthy. A citizen informant, however, is one “who, with no motive but public service, and without expectation of payment, identifies himself and volunteers information to the po-lice_” People v. Saars, 196 Colo. 294, 299, 584 P.2d 622, 626 (1978); People v. Glaubman, 175 Colo. 41, 50, 485 P.2d 711, 716 (1971); see United States v. Gagnon, 635 F.2d 766 (10th Cir. 1980), cert. denied, 451 U.S. 1018, 101 S.Ct. 3008, 69 L.Ed.2d 390 (1981). In the present case, the informant reported that he had been involved in a traffic accident with the defendant and wanted to lodge a complaint;
The majority mischaracterizes the holding of the trial court in stating that the court held that the information given by Howell was insufficient to sustain a finding of probable cause. The trial court was concerned with Howell’s trustworthiness because of his spiteful motives, although he otherwise fulfilled the requirements for a reliable citizen informant. The trial court stated:
After the statements made by Mr. Howell, it seems apparent to me from the testimony that Mr. Howell seemed quite anxious to at least ensure some difficulty with the female occupants of the motor vehicle.
Even though known or identified citizens are presumably reliable and trustworthy, it seems in this circumstance that the officer did not at that stage have probable cause to either effect an arrest for possession or to inquire further.
This finding evinces considerable concern with Howell’s reliability, due to his motives for reporting the defendant’s possession of cocaine to the police. I would affirm the trial court’s ruling that the police lacked probable cause to arrest the defendant and suppress the evidence and the defendant’s statements as fruits of the illegal arrest.
. The detective testified that Howell told him that the female driver of the Datsun (the defendant) had run into him in Longmont and he chased her from Longmont to Loveland.
Reference
- Full Case Name
- The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kerry L. PATE, Defendant-Appellee
- Cited By
- 8 cases
- Status
- Published