Legal Question in Criminal Law in Colorado

legality of a search

Two uniformed police officers knock at at a private residence and request to enter to speak with adult resident. The lead officer states that he is looking into a complaint by the resident's neighbor. The officers enter, with permission. One officer asks to speak with resident in private. Both enter resident's bedroom. Second officer remains in living room with resident's visitor. Visitor can hear the officer in the bedroom request permission to ''look around''. Resident says that he prefers to see a warrant before agreeing to a search. Officer warns that the police will arrest both the resident and his visitor until a warrant can be issued. Resident submits to a search and visitor is asked, by police, to leave. Police arrest resident for controlled substances said to be found in the search.

Does this search sound procedurally legal?


Asked on 1/01/03, 11:56 pm

1 Answer from Attorneys
Richard B. Huttner Richard B. Huttner, P.C.

Re: legality of a search

The evidence obtained by the police may be supressed if a Judge finds the police acted without probable cause to search the residence. The Judge would have to find that the permission to search was obtained by the police involuntarily. Which by the sounds of your facts, it appears the Police used coercive measures, the threat of arrest, to obtain your permission to look around. The facts raise some good suppression issues. When you are charged with a crime, you have a chance to enter a plea of not guilty. You have a chance to ask the Judge to suppress evidence. The Judge holds a hearing to determine if the evidence the prosecution obtained, was done within Constitutional boundries. If the Judge finds the evidence was obtained in violation of your Constitutional rights, the Judge disallows the evidence and if the prosecution can secure a conviction without hte evidence, the case proceeds. If the evidence would make a guilty verdict unlikely, the prosecution often times dismisses the case.

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Answered on 1/02/03, 8:00 am


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