Probable cause to arrest exists when there are facts and circumstances sufficient to cause a person of reasonable caution to believe that at the time of the arrest an offense has been or is being committed by the person to be arrested. Banks v. People, 696 P.2d 293 (Colo. 1985); People v. Florez, 680 P.2d 219 (Colo. 1984).
State Court Record Vol. 2 at 327. 696 P.2d 293 (Colo. 1985). 844 S.W.2d 885 (Tex. App. 1992).
Accord Banks v. People, 696 P.2d 293, 298-99 (Colo. 1985).
See Smallwood v. Gibson, 191 F.3d 1257, 1265 (10th Cir.1999) (holding that petitioner was not entitled to habeas review of Fourth Amendment claim where petitioner's trial counsel informed the trial court of the factual basis for a Fourth Amendment claim, appellate counsel presented the issue to the state appellate court on direct appeal, and the state courts "thoughtfully considered the facts underlying petitioner's Fourth Amendment claim" but rejected it on the merits by applying appropriate Supreme Court precedents). See Banks v. People, 696 P.2d 293, 296 (Colo. 1985) (citing Supreme Court Fourth Amendment case law); People v. Abeyta, 795 P.2d 1324, 1327 (Colo. 1990) (same). Applicant does not assert, nor is it apparent from the state court record, that the state courts failed to recognize or wilfully ignored controlling legal standards.
Irvin, Pre-Answer Resp. Ex. E, at 10 (citing People v. Washington, 865 P.2d 145, 147 (Colo. 1994), People v. Tufts, 717 P.2d 485, 491 (Colo. 1986), citing Banks v. People, 696 P.2d 293, 296 (Colo. 1985) (and Supreme Court cases cited therein)). Colo. Rev. Stat. ยง16-3-102 provides:
We are unable to conclude that Grunewald has been prejudiced by the government's failure to produce the handwritten notes. Id.; accord United States v. Van Brandy, 726 F.2d 548, 551 (9th Cir. 1984); Banks v. People, 696 P.2d 293, 297-98 (Colo. 1985). While Brady does not embrace a "best evidence" rule prohibiting the use of summaries, such summaries of exculpatory evidence must be complete and accurate.
See CRE 1001-1002. It is a rule limiting the admission of copies rather than a rule requiring the admission of an original recording, and in any event it has no application where the recorded events themselves, rather than the contents of the document recording them, are at issue. Id. Otherwise competent testimony of first-hand sense impressions is admissible to prove what occurred, despite the availability of a videotape depicting the same event. Cf. Banks v. People, 696 P.2d 293, 297-98 (Colo. 1985) (transcript of event was original of equal dignity with tape recording and could not be excluded by best evidence rule). While videotaped recordings of conversations or interviews may well have probative value beyond the mere recitation of the language used in the interview, that is not always the case.
Tufts, 717 P.2d 485. Probable cause to arrest exists when facts and circumstances within the arresting officer's knowledge are sufficient to support a reasonable belief that a crime has been or is being committed by the person arrested. Tufts, 717 P.2d at 491; Banks v. People, 696 P.2d 293 (Colo. 1985); ยง 16-3-102(1), 8A C.R.S. (1986). In determining whether there is probable cause to arrest, the totality of facts and circumstances known to the officer at the time of the arrest must be considered.
Probable cause to arrest exists when facts and circumstances within the arresting officer's knowledge are sufficient to support a reasonable belief that a crime has been or is being committed by the person arrested. Banks v. People, 696 P.2d 293 (Colo. 1985); People v. Tottenhoff, 691 P.2d 340 (Colo. 1984); People v. Florez, 680 P.2d 219 (Colo.
And any non-testimonial records or documents about her age would be subject to the best evidence rule. See CRE 1002 ; Banks v. People , 696 P.2d 293, 297 (Colo. 1985) (content of writing being directly at issue invokes best evidence rule). Again, the record offers no help.