2012 COA 37
Colo. Ct. App.2012Background
- Anonymous informant tipped narcotics distribution at apartment 114; police investigated with knock-and-talk plan.
- Manager said a non-leaseholder lived there and Nelson resided with the lessee’s friend; Nelson had paid rent for several months.
- Officers used a maintenance ruse; Eberhart knocked, Nelson opened the door, and Andrews pursued a fleeing man inside.
- A glass pipe observed in plain view provided probable cause; the other man's flight created exigent circumstances.
- Trial court found Nelson had standing and that the ruse and entry were lawful, with consent issues to be resolved later.
- This prompted remand to resolve whether independent-source or inevitable-discovery doctrines justify the later warrant and admissibility of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge the search | Nelson lacked standing as overnight guest | Nelson resided there; consent and leasehold matters show privacy interest | Nelson had standing |
| Validity of the maintenance ruse | Ruse violated Fourth Amendment rights | Ruse permissible to gain entry for knock-and-talk | Ruse did not violate rights; entry supported by probable cause and exigency |
| Probable cause for warrantless entry | Probable cause lacking without sustained consent | Glass pipe plus informant info sufficed | Probable cause established by pipe, informant info, and flight evidence |
| Consent to search invalid | Lessee/ girlfriend consent could extend to Nelson | Consent valid via lessee/ girlfriend | Girlfriend/ lessee consent invalid against Nelson; Randolph applied |
Key Cases Cited
- People v. Revoal, 2012 CO 8 (Colo. 2012) (probable cause based on totality of circumstances and flight evidence)
- People v. Hebert, 46 P.3d 473 (Colo. 2002) (probable cause and redacted affidavits)
- Murray v. United States, 487 U.S. 533 (U.S. 1988) (independent source doctrine considerations)
- Cruse, 58 P.3d 1114 (Colo. App. 2002) (remand to determine independent source impact)
- Randolph v. Georgia, 547 U.S. 103 (U.S. 2006) (cannot base consent-based search on co-resident consent over a non-consenting resident)