DRUGS SEIZED AT HOME INADMISSIBLE

High Court Says Police Entered Illegally

Tuesday, March 05, 2002 - Because police illegally entered the home of
suspected drug user Toby Smith, the drugs, which Smith helped the
officers find, can't be used as evidence, the Colorado Supreme Court
ruled Monday.

"I feel good that there are six justices on the Colorado Supreme Court
that realize the sanctity of the home," said Stephen Laiche, Smith's
lawyer.

Smith, a 23-year-old Grand Junction painter, found officers at his
home on the afternoon of Feb. 24, 2001. Detective Curt Moreno, a Grand
Junction officer assigned to the Grand Valley Drug Task Force, told
Smith he had information of drug activity in the home, and told Smith
he'd like to talk to him.

Smith collapsed.

Smith then got up and walked into his house, followed by Moreno and
Sgt. John Zen. When asked by Moreno if he was OK, Smith answered that
"he was going to be going to prison."

When Moreno asked why he was concerned, and if there were drugs in the
house, Smith confirmed there were small amounts in the home. He gave
investigators marijuana and methamphetamines.

But in a 6-1 opinion, written by Justice Rice, the court said the
police entered the home without proper authority. The only time law
enforcement officers can enter a home without a warrant is when they
are in "hot pursuit" of a fleeing suspect, to protect the immediate
destruction of evidence, or there is an emergency in which the life or
safety of a person is threatened, said Rice.

Here, said Rice, the police were not responding to an emergency call,
a fire, an apparent burglary, nor was there concern that others in
Smith's house might be hurt, said the justice.

Rice said that Smith's collapse didn't amount to an emergency
situation because although the officers asked Smith about his medical
condition, none called an ambulance and Smith said he didn't need
medical help.

Prosecutor Brian Flynn said the ruling would require that he dismiss
all charges against Smith.

"I think that it's disappointing when officers are being punished for
trying to help somebody in a situation where they think that obviously
he passed out on his front porch," Flynn said. "They walked in and
followed him and asked him if he was OK."

He said that the ruling may "have a detrimental impact on people
expecting help if law enforcement is going to be found to be acting
unconstitutionally."