Colorado v. Threlkel

As part of an extensive narcotics investigation that spanned almost all of 2017, law enforcement obtained arrest warrants for defendant Amber Threlkel and her significant other, Robert Allen, based on their alleged distribution of controlled substances. On the evening of December 7, 2017, deputies observed a truck owned by Allen leave the residence he shared with Threlkel; they suspected that Allen and Threlkel were both in the truck. As the deputies attempted to perform a traffic stop, the truck evaded them, causing them to momentarily lose sight of it. But they eventually spotted the truck again, stopped it, and apprehended the driver, Allen, within a mile of the home. Although there was no passenger in the truck, Threlkel was located a couple of hundred yards from it, attempting to hitch a ride. It was a frigid and snowy night, the roads were slippery, and there was no easy access on foot between the home and the location of the stop. A deputy who recognized Threlkel detained her. Threlkel was later arrested pursuant to her outstanding warrant. Threlkel was charged with multiple drug-related offenses. Before trial, she filed several motions to suppress. The trial court granted one of them, finding that the deputies lacked reasonable, articulable suspicion to stop her. The court thus suppressed all evidence and observations derived from Threlkel’s stop, specifically the deputies’ observations and investigation before they contacted Threlkel. Practically speaking, the prosecution would not have been allowed to mention at trial that Threlkel was even at the location where she was detained. Upon the State’s request for review, the Colorado Supreme Court reversed, finding the deputies had reasonable, articulable suspicion to detain Threlkel. “[E]ven if the trial court’s contrary ruling had been correct, there is no authority to suppress the deputies’ observations and investigation before they contacted Threlkel.” The matter was remanded for further proceedings. View "Colorado v. Threlkel" on Justia Law