If you are facing criminal charges where the police entered your house because of a strip search you will need a Colorado Criminal Lawyer to argue that the officer did not have reasonable suspicion to conduct the search. If you can establish that the police officer did not have reasonable suspicion to conduct the search, then the police action should be found to be unconstitutional. You should talk to a Colorado Criminal Defense Attorney to help you make these arguments.
The reasoning behind your argument comes from the case of People v. King (COA No. 08CA1123) which deals with the requirements that must be met before a police officer can strip search you.
What happened in This Case:
Police entered a hotel room and found no drugs. They found drug paraphernalia and began looking for drugs. After finding no drugs, they required the defendant to strip and searched his body. They found drugs in him.
The Legal Issue that the Court had to Decide:
In that case, the question that the court had to decide was whether a strip search is allowed when the police officers do not have a reason to believe that contraband was on the person.
The Decision of the Court Regarding the Law:
In this case, the court found that the police action was unconstitutional. In this situation, the police cannot strip search a person and, if they do, any evidence that is found will not be allowed to come into court. For an officer to be allowed to strip search a person, he must have Reasonable suspicion that the person has drugs in him, prior to conducting the search.
How Previous Court Decisions can Affect your Case:
When a court is making decisions in your case, they will look at how other courts have decided similar issues. As such, if the facts of your case are similar to a case in the past, you can look at the past case to get a good idea of how a court should rule in your case. If you have questions about whether People v. King applies to your case, you should contact a Colorado Criminal Attorney immediately.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.