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Physical Evidence(1989)

This is an interlocutory appeal by the prosecution pursuant to C.A.R. 4.1. The defendant, Charles Jerome Wilson, was charged with possession of crack cocaine, a schedule II controlled substance, in violation of section 12-22-310, 5 C.R.S. (1989 Supp.), and section 18-18-105, 8B C.R.S. (1989 Supp.). The defendant filed a motion to suppress physical evidence and his statements to the police at the time of his arrest on October 21, 1988. After conducting a full evidentiary hearing, the trial judge granted the motion and suppressed the evidence. We affirm the order of the trial court.

Physical Evidence(1989)

(a) "And, ladies and gentlemen, what's the best way to be able to look and say, 'Hey, that was the truth that I heard.' I suggest to you that when that statement or that witness is corroborated by a physical piece of evidence, because you can't holler at physical evidence, you can't yell at physical evidence, you can't yell at physical evidence until it gets shaken up and doesn't know which day it is. Physical evidence exists no matter what kinds of questions are screamed at it. It doesn't change it." 041b061a72


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