People v. Delacruz

Summary

The Colorado Supreme Court reviewed an interlocutory appeal from an order suppressing a firearm found in a vehicle occupied by the defendant. The court held that the firearm was discovered during a valid protective search under Michigan v. Long because the officer had an objectively reasonable basis to believe the occupants might be armed and the search remained within a lawful scope.

Holdings

1. The officer had an articulable and objectively reasonable belief that the vehicle occupants might be armed and dangerous, justifying a protective search of the passenger compartment under Michigan v. Long.
2. The protective search was not rendered unreasonable merely because both occupants had been removed from the vehicle and Delacruz had been handcuffed.
3. The officer did not exceed the lawful scope of the protective search by examining the rear floorboard, opening the rear door, and making a cursory examination of the partly concealed object.

Questions Presented

1. Whether the officer had an articulable and objectively reasonable basis to conduct a protective search of the vehicle's passenger compartment under Michigan v. Long.
2. Whether the protective search remained valid even though both occupants had been removed from the vehicle and Delacruz had been handcuffed.
3. Whether looking behind the driver's seat and opening the rear door to examine a partly concealed object exceeded the lawful scope of a protective search.

Disposition

reversed_and_remanded