Colorado v. SmithAnnotate this Case
Colorado State Patrol Trooper Christian Bollen, acting on a hunch, initiated a traffic stop on what ended up being a rental car. The vehicle had out of state plates, and because it was a rental, the trooper though the car might be involved in the transportation of illegal narcotics. The driver informed him that she and her passengers were traveling from California to Maryland, but the trooper did not believe that story. Asking the passengers, their respective stories did not match the driver’s. A drug detection dog made no alert on a sniff of the vehicle. Acting on a hunch, the trooper searched the vehicle to find a kilogram of cocaine in the glove box and some fentanyl in a prescription bottle. In this interlocutory appeal brought by the prosecution, the parties agreed that Trooper Bollen performed a lawful traffic stop. The question before the Colorado Supreme Court was whether the district court erred in granting the defendant’s motion to suppress on the ground that Trooper Bollen lacked probable cause to search the vehicle. “Because probable cause to search was measured against an objective standard of reasonableness and cannot be established by piling hunch upon hunch or by ignoring facts that militate against it,” the Colorado Supreme Court affirmed the district court’s order and remanded for further proceedings.