People v. Glick
250 P.3d 578
Colo.2011Background
- Prosecution appeals suppression order of evidence seized from Glick's home after a dawn encounter.
- Officers responded to a hang-up 911 call and checked addresses on East 13th Street, including 2113 E. 13th St where Glick lived.
- Glick opened the door; the door was left wide open while officers spoke with him and checked occupants.
- From the doorway, officers observed drug paraphernalia and substances on a table, prompting an entry to detain Glick.
- Trial court found the flashlight use created an unlawful search; court suppressed the evidence.
- Colorado Supreme Court reverses, holding lawful flashlight observations from a valid vantage point may be plain view; suppress motion reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether flashlight use at the doorway was an illegal search. | Glick; concealed privacy interests; flashlight transformed plain view to search. | Glick; privacy expectations higher in a home; flashlight use to see inside was unlawful. | No; observations remained plain view from lawful vantage point. |
| Whether the plain view seizure was justified. | Plain view justified seizure given lawful intrusion. | Need warrant; entry to seize required. | Yes; plain view seizure justified under three-pronged test. |
| Whether officers were lawfully positioned to observe inside the home. | Lawful position outside the open doorway allowed observation. | Positioning did not permit viewing inside a darkened home. | Yes; lawful front-door vantage point permitted observations. |
Key Cases Cited
- United States v. Dunn, 480 U.S. 294 (1987) (observations from a lawful vantage point at night, flashlight use does not make it a search)
- Horton v. California, 496 U.S. 128 (1990) (plain view observation not a search when lawfully present)
- People v. Gomez, 632 P.2d 586 (Colo. 1981) (viewing interior through window from public area not a search)
- People v. Baker, 813 P.2d 331 (Colo. 1991) (no privacy invasion when entering residential area open to casual visitors)
- Terrazas-Urquidi, 172 P.3d 453 (Colo. 2007) (police may observe from lawful vantage point on open residential areas)
- People v. Shorty, 731 P.2d 679 (Colo. 1987) (express open-courtyard observation exception)
- Glick v. Koehn, 178 P.3d 536 (Colo. 2008) (plain view seizure justified when incriminating nature apparent)