BHGR Wins Criminal Case Appeal, People v. Chilli,
Related to the Emergency Aid Exception to the Warrant Requirement
November 13, 2008
Berg Hill attorneys Jon N. Banashek, Jennifer R. Zimmerman, and Kathleen T. Alt successfully appealed the denial of a suppression motion related to the emergency aid exception to the warrant requirement of the United States and Colorado Constitutions. The decision in People v. Chilli, 07CA1726, 2008 WL 4885716, limits the availability of the emergency aid exception as a justification for a warrantless search of a home to circumstances where there is an immediate crisis inside the home. In this case, the Defendant called 911 in response to his girlfriend’s attempted forced entry into his home.
When local police officers arrived at the scene, the Defendant promptly told them that his girlfriend had left the premises and there were no indications that anyone other than the Defendant remained in the residence. Nevertheless, the officers proceeded to search the home over the Defendant’s objection for the purported purpose of locating a potential victim of domestic violence inside. The Court of Appeals reversed the District Court’s finding that the emergency aid exception to the warrant requirement authorized the officers’ search of the Defendant’s home and subsequent use of evidence discovered during that search at trial, and held that the officers’ entry into the home was unconstitutional.
Contact Jon, Jennifer, or Kathleen for further information regarding this case.