Legal Question in Criminal Law in Colorado

Is it legal for police to lie in order to gain access to residence?

Teller County, Colorado

Officer came to my door and said, ''We received a 911 call from your fax machine. I need to come in to be sure that everything is Ok here.''

This was a LIE: My fax machine is broken. There is no record of this alleged 911 call. Meanwhile two officers were next door where my son lives,doing same scenario. Upon entering son's residence, officer proceeded to (search) each room, at my house officer declined to enter any further than a few feet inside the door, then left.

Evidence of narcotics was found at the house where my son resides. He was handcuffed, taken to jail and ''held'' while officers got search warrant. They finally ''booked'' and Mirandized him 8 hrs later.

Charges: Class III Felony: Possession of illegal narcotic. Evidence (seized prior to Search Warrant): one pill of ''ecstasy''

Class IV Felony: Cultivation of marijuana. Evidence (seized after Search Warrant): 3 grow lights, potting soil, plant food, a dead stick found in the yard.

Was this ''unlawful conduct of the arresting officer''?

Would the evidence, either before or after the search warrant was issued, be admissible?

Was the issuance of the search warrant constitutional and/or legal?


Asked on 7/01/02, 5:57 am

2 Answers from Attorneys
Richard B. Huttner Richard B. Huttner, P.C.

Re: Is it legal for police to lie in order to gain access to residence?

There are substantial 4th Amendment issues in your matter. Police can ask to come in but can't enter without a warrant unless you consent. Once you consent and they enter, you can tell them to stop and get a warrant. Since the action has happened, a motion to suppress is the proper remedy is to prevent the prosecution from using the evidence against you.

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Answered on 7/01/02, 9:40 am
Jason Savela The Savela Law Firm, PC

Re: Is it legal for police to lie in order to gain access to residence?

I agree with Mr. Huttner. If what you say in this request is believed by the Court, the chances of this evidence being used against your son are very small. Cops can lie about a lot of things, but not to gain entry to a home without a warrant. The case will turn on the evidence the cops have to support the 911 claim and whether it is deemed reasonable to search a residence every time a 911 call is recieved.

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Answered on 7/01/02, 1:55 pm


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