People v. Hebert

The People challenge suppression orders entered by the Denver District Court in the prosecution of Hal Hebert (Defendant) for first degree murder. 1 The facts of this case do not support the police officers' warrant less entry into Defendant's residence under the emergency aid exception to the Warrant Clause of the Fourth Amendment to the United States Constitution and of article II, section 7 of the Colorado Constitution; however, the redacted affidavits supporting the search warrants 2 are sufficient to sustain a finding of probable cause to search the residence. Therefore, we reverse the…