People v. Glick
Annotate this CaseEarly in the morning on October, 2009, Pueblo police received a 9-1-1 call from an unidentified caller who asked for assistance on “2143 East Thirteenth Street.” When officers arrived, they discovered there was no such address. Looking for the source of the 9-1-1 call, officers began contacting other addresses on the street. Respondent Frank Glick’s home was one of the addresses the officers checked. The officers asked if they could come inside and speak with the other occupants in the home to make sure they were safe. Respondent said the officers could speak with the other occupants, but he asked the officers to remain outside. When respondent went to find his girlfriend, he left the front door wide open. No lights were on. Without crossing the threshold, officers used flashlights to peer inside the home. They saw drug paraphernalia on a small table. When the girlfriend arrived at the door, officers noticed Respondent near the table with the suspected drugs. They entered the house believing Respondent was trying to destroy the paraphernalia on the tabletop. Officers arrested Respondent. At the hearing, Respondent disputed whether the officers conducted an illegal search of his home by using their flashlights while standing at the threshold to see inside. The trial court found the officers conducted an illegal search, and ordered evidence of the drugs suppressed. The Supreme Court reversed the lower court, holding that the arresting officers did not conduct an illegal search of Respondent’s home when they used their flashlights to observe evidence plainly visible inside Respondent’s home.
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