Legal Question in Criminal Law in Colorado

Is a search of your home legal if the police respond to a 911 call?

My son and 3 other boys (all aged 18-19) moved to Boulder, CO to attend CU. They rented a house off campus. When the phone was installed, the police responded three times to suposed 911 calls, each time the boys said they hadn't made the calls. The third time, the police asked the boys if they had cell phones and said that they were taking them off the 911 system. A few weeks later, another 911 call was suposedly made. No one was at the home this time, and the police entered the house, and searched the house. During this search they noticed drug paraphernalia and seedling pot plants growing in the basement. They then left and aquired a search warrent for the house. The boys are now facing federal drug conspiricy charges. Was the 911 call a legal search? Should we challenge the legality of the search? What is the law when it comes to 911 calls?


Asked on 4/24/06, 10:27 pm

2 Answers from Attorneys
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Is a search of your home legal if the police respond to a 911 call?

You definately want to challage the legality of the search, because if the seach was illegal, all of the evidence the cops found in the house could not be used against the occupants of the house and the practical effect is the case would be dismissed. The general rule is police cannot enter a house without a search warrant. There are exceptions, one of those being an emergency situation (which was just argued yesterday in front of the US Supreme court). Without knowing more and listening to the 911 call tape, it is impossible to say if this was a legal exception. I am very familure with the cops in Boulder, as I practice here, and they have a habit of making illegal entries into houses of students on the hill.

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Answered on 4/25/06, 12:44 pm
Jason Savela The Savela Law Firm, PC

Re: Is a search of your home legal if the police respond to a 911 call?

I agree with Mr. Milavitz.

This argument is fact dependant. Specifically, if it is the same police officers each time, then they probably know there is some sort of problem with the 911 system in relation to this home. If the police know there is a problem or that there have been erroneous hang ups in the past, then the reasonableness of entering on an emergency basis is lower. What else did they do to find out what was going on? Were neighbors around to say there was no problem? Exactly where were the drugs and paraphernalia? All this will go into the examination of the search.

I have federal court experience. I am also in Boulder. This is the sort of case that I went to law school to work on.

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Answered on 4/25/06, 3:36 pm


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