Colorado v. Bannister, 449 U.S. 1 (1980)

Colorado v. Bannister


No. 79-1901


Decided October 20, 1980
449 U.S. 1

ON PETITION FOR WRIT OF CERTIORARI TO THE
SUPREME COURT OF COLORADO

Syllabus

Shortly after a police officer observed a speeding automobile, he heard a police radio dispatch which reported that a theft of motor vehicle parts, including chrome lug nuts, had occurred in the area, and which described two suspects. A few minutes later, he again spotted the speeding automobile and followed it into a service station for the purpose of issuing a traffic citation. As he approached the car, respondent and his companion stepped out of it, and during an ensuing conversation with the car’s occupants, the officer observed chrome lug nuts and lug wrenches in plain view in the car. Recognizing that the car’s occupants met the description of the suspects, the officer arrested them and seized the lug nuts and wrenches. Before respondent’s trial on charges of stealing motor vehicle parts, the trial court granted his motion to suppress the seized items, and the Colorado Supreme Court affirmed.

Held: The circumstances in this case provided probable cause for the officer’s seizure of the incriminating items without a warrant. Cf. Carroll v. United States, 267 U.S. 132; Chambers v. Maroney, 399 U.S. 42.

Certiorari granted; 199 Colo. 281, 607 P.2d 987, vacated and remanded.