DISTRICT/COUNTY COURT, LA PLATA COUNTY, COLORADO

Court Address: 1060 E. Second Avenue

Phone Number: (970) 247-2304

Plaintiff: People of the State of Colorado

Defendant: Joe Smith

OFFICERS NAME: Bob Peterson
Phone Number: (970) -749 -8823
Fax Number: (970) -749 -8823
E-mail: b.peterson@durangopolice.com
DPD Case Number: P47 -883012

AFFIDAVIT OF PROBABL E CAUSE SUBSEQUENT TO WARRANTLESS ARREST

I, Bob Peterson, a peace officer with the Durango Police Department, by signing my
name below, before the notary public named below, solemnly, sincerely and truly
declare and affirm that for the following facts and information establishing probable
cause fro the warrantless arrest: Joe Smith, Date of Birth: 1/3/63 on, September
17
th
, 2013 on Main Street, City of Durango, County of La Plata, State of Colorado, in
case number P16-174489, for the crime(s) or offense(s) of:

C.R.S: 35-5-9001 (2) (b) Probable Cause With Weapons

Are true and correct to the best of my knowledge, information and belief.

On 9/17/2013, I was patrolling Main Street, in the City of Durango, County of La
Plata, State of Colorado, during the late hours of the night.

At around 2:00 am, when the bars were starting to close, I came upon the suspect
outside of Pongas Bar. A strong stench of alcohol seeped from him, and he stumbled
around the sidewalk, unable to stand still in one place. Smith was making threats
towards a man he had gotten in an altercation with inside the bar. Smith was saying,
Im going to hurt you, and, Im going to cut you right now!

I stepped in to the situation and asked the suspect if he had any weapons. He denied
any weapons. After stating that I had reasonable suspicion that he was carrying
some sort of weapon, I patted him down. There was no weapon found.

His backpack was in his hand, which also gave me the right to search it as well. I
patted around the sides of the outside of the bag, and in the front pocket I felt
something like a sharp razor blade. I stated what I felt, and opened the pocket to
find an open blade.

I then had probable cause to search through the rest of the bag. Smith had two fully
loaded Desert Eagle pistols; as well six ounces of marijuana and two more open
razor knives. I asked him for his carrying permit, and he replied that he did not have
one.

I advised Smith that he was being placed under arrest for public drunkenness,
possession of drugs, and possession of weapons without a permit. Smith became
upset, and as I told Smith to face away from me and put his hands behind his back,
he refused and attempted to pull away from me. The suspect grabbed his bag and
started running across Main Street to 3
rd
Avenue. At this time I pulled out my Taser,
turned it on, yelled Taser and deployed the Taser. It struck Smith in the middle
and lower back.

Smith fell to the ground and I attempted to place him in handcuffs. After much
resisting from the suspect, I was able to place handcuffs on him and place him in the
back of my marked patrol unit. Smith was transported to the La Plata County Jail
without further incident.

Your affiant states that the crime of C.R.S: 35-5-9001 (2) (b) Probable Cause With
Weapons occurred in the City of Durango, County of La Plata, and State of Colorado.



Affiants Signature

The foregoing affidavit was subscribed and sworn to before me this September 17
th
,
2013, in the County of La Plata, State of Colorado.


Notary Public

Expiration Date of Commission