Legal Question in Criminal Law in Colorado

Was this a legal search & seizure?

Sheriff�s Deputies came to my son�s house. They told him there was a 911 hang up call from his house. He said that he had not made a 911 call and he was there alone. The deputies asked if they could come in and look around. My son said �no�. They went in anyway. After searching through kitchen draws and cabinets they found one �hit� of ecstasy. They arrested my son for possession of drugs. Later, his attorney got a copy of the �911 call� and it showed that this call did not come from my son�s house, but from the High School that he had graduated from 7 years before. Was this a legal search & seizure? Was it legal for them to enter his house after he said �No�? Was it legal for them to be looking thru drawers and cabinets if their reason was for being there was a 911 call? Was it legal for them to be there in the first place since the call did NOT come from my son�s house?


Asked on 7/13/07, 2:22 am

2 Answers from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Was this a legal search & seizure?

cannot be legal if denied consent by son, and they exceeded the scope of a welfare check - found drugs in a place where a human could not be found - oh, and no warrant and it appears that the 911 thing was made up in some way

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Answered on 7/13/07, 1:08 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Was this a legal search & seizure?

No. No consent. Search not limited to areas where a human could be. Purpose for search (911 call) bogus. You have good grounds to suppress the stuff found in the search.

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Answered on 7/13/07, 8:03 pm


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