Legal Question in Criminal Law in Colorado

Probable Cause

The west metro denver task force had a suspected drug dealer diong a controlled buy. The dealer took the money and said he had to pick up the drugs and would meet them in an hour. A surveilence team followed the dealer to my house. The dealer drove up to garage. He was in the garage for 30 minutes, then left. He drove back to the CI and gave them drugs.

Based on these facts alone they got a search warrant. The swat team executed a no knock search 9 days later. Was there probable cause?


Asked on 10/05/02, 3:33 pm

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

Re: Probable Cause

There are many potential issues to challenge the probable cause. It depends on what the inveztigator put in the application for search warrant. A Judge finds probable cause for search warrant based on what the investigator puts in the application for search warrant. Nine days to execute the no knock warrant seems excessive. There appears to be many issues to challenge. If the CI taped the transaction and can identify that it was you that sold the drugs then a warrant for your arrest may be appropriate. If there are several people that live at the address and the CI did not tape the conversation but told the investigator that there were many illegal activities and items at the residence then a search warrant may have been appropriate. Depending on the evidence there may be room to challenge the Constitutional issues in your case.

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Answered on 10/07/02, 2:04 pm


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