DRUG RULING STANDS

Supreme Court Refuses To Hear Case Involving Canon City Incident

WASHINGTON (AP) - The U.S. Supreme Court refused Tuesday to consider a
Colorado case in which evidence from a drug raid at a Canon City home was
barred because police had relied on "stale" information.

Attorneys for the state had urged the court to provide guidance on when
information is too old to support probable cause for a search.

In its 4-3 ruling last fall, the state's high court said police did not
have probable cause to search Wade Miller's home because the information
they had of an illegal methamphetamine operation was a month old.

Justice Gregory Hobbs, writing for the majority, said an informant told
police he had smoked meth at the home. The informant also said Miller kept
supplies there to manufacture the drug. Police arrested Miller and
discovered what they called a meth lab during a raid at the house exactly
four weeks later.

Hobbs, however, said because the only information linking alleged illegal
activity to the home was "stale," the search was improper and evidence from
the raid could not be used at trial.

Dissenting justices accused their colleagues of issuing an opinion that
"literally defies common sense," and warned it could hamper drug-fighting
efforts. Catherine Adkisson, a special deputy district attorney, said in
court papers that a state Supreme Court ruling in favor of Miller "will
hamper law enforcement investigations into ongoing offenses, and lead to
the dismissal of criminal cases in spite of possession of reliable
incriminating evidence."

Justice Ben Coats, writing for the minority, said the affidavit for the
police search indicated an officer had discovered a meth lab during a raid
of Miller's home five months earlier. There was no reason to believe Miller
had "mysteriously stopped manufacturing methamphetamine at his home and
removed all evidence of his operations there," Coats wrote.

Miller is being held in the Colorado prison at Sterling. Miller's attorney,
Josh Liles of Salida, said this morning that the case will go back to
District Court in Canon City for further proceedings.

Liles said by refusing to rule on this case, the U.S. Supreme Court
effectively upholds the lower court rulings. "Mr. Miller's constitutional
rights were violated when the search was performed on his home. Since the
Supreme Court ruled this way, the case will go back to district court,"
Liles said.

"Because of the violation of constitutional rights, certain pieces of
evidence will not be permitted at trial," Liles said. Miller is scheduled
for a status conference in July at which a trial date is likely to be set,
Liles said, adding he hasn't discussed a plea agreement with prosecutor
Kathy Eberling.

In September, the Colorado Supreme Court upheld the district court ruling
suppressing the evidence, saying: "The police had recited sufficient
reliable information to implicate Miller, but that the information
regarding drug manufacturing by Miller at his home was stale and the police
could not have reasonably relied on it in applying for the warrant."

Police also obtained a warrant to search another location as part of the
Miller investigation, but the ruling stated the affidavit for that search
"inexplicably" contained information not in the original affidavit.

The informant, who responded to the South Metro Drug Task Force, told
police in December of 2002 that he had smoked methamphetamine Miller had
just made in his Canon City home. He also claimed Miller's kitchen
contained the supplies needed to manufacture the drug.

The report detailing Miller's arrest indicated that police found ephedrine
and pseudoephedrine tablets, lye, recently purchased muriatic acid, and
other supplies used to manufacture meth.

The arrest record of Miller, 38, includes 1992 charges of distribution of
marijuana and dangerous drugs, driving under the influence of alcohol,
distribution and manufacture of narcotics, and possession of narcotic
equipment.

Staff Writer Dennis Bloomquist contributed to this report.