[DOWNLOAD] "People V. Schoondermark" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: People V. Schoondermark
- Author : Colorado Supreme Court
- Release Date : January 18, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This case presents a question of whether certain evidence used to convict the defendant, Robert Allen Schoondermark, on charges of dispensing a dangerous drug (amphetamine) and possession and use of a dangerous drug (psilocybin) was obtained in violation of his right to be secure against unreasonable searches and seizures, as guaranteed by the fourth and fourteenth amendments to the United States Constitution. The trial court permitted certain materials seized from the defendant's residence by law enforcement officers to be introduced into evidence at his jury trial in Larimer County District Court. On appeal, the Colorado Court of Appeals reversed the defendant's convictions, holding that the materials in question had been discovered during an illegal entry into the defendant's house and that they should have been excluded from evidence notwithstanding that a search of the premises was conducted pursuant to a valid search warrant shortly after the illegal entry. People v. Schoondermark, 717 P.2d 504 (Colo. App. 1985). We granted certiorari to determine whether the challenged evidence should have been admitted at trial. We conclude that under Murray v. United States, 487 U.S. 533, 56 U.S.L.W. 4801, 101 L. Ed. 2d 472, 108 S. Ct. 2529 (U.S. June 27, 1988), the valid warrant provided an independent source for the evidence in question if the decision to seek the warrant was not prompted by what was observed during the illegal entry. We therefore reverse the judgment of the court of appeals and remand this case for further proceedings consistent with this opinion.