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Colorado Supreme Court Opinions
May 21, 2012

2012 CO 36. No. 09SC966. Larson v. Sinclair Transportation Co.
Real Property—Eminent Domain—Condemnation.

The Supreme Court held that the Colorado General Assembly did not grant, either expressly or by clear implication, condemnation authority to companies to construct petroleum pipelines. Accordingly, Sinclair Transportation Company was not entitled, under CRS § 38-5-105, to immediate possession of easements for the construction of its gasoline pipeline. The judgment of the court of appeals was reversed.

2012 CO 37. No. 11SA368. People v. Funez-Paiagua.
Fourth Amendment—Suppression of Evidence—Reasonable Suspicion—Investigatory Stop.

The Supreme Court reversed the trial court’s order suppressing evidence seized from defendant. The Court held that officers had reasonable suspicion to justify an investigatory stop of Adolph Funez-Paiagua. The facts and circumstances known to the officers at the time of the stop were: (1) it was 1:15 a.m.; (2) criminal activity recently had increased in the area; (3) Funez-Paiagua was standing on the private property of an auto body shop; (4) the shop was closed; (5) no other businesses in the area were open; (6) no other people were nearby; (7) the officer heard a loud crash; (8) Funez-Paiagua fled; and (9) Funez-Paiagua was carrying bags.

The Fourth Amendment to the U.S. and Colorado Constitutions holds that warrantless seizures generally must be supported by probable cause, but an investigatory stop based on reasonable suspicion is an exception to this general rule. The Court held that the facts of the case created reasonable suspicion to justify the investigatory stop.

Colorado Supreme Court Opinions