Colorado v. Tomaske

Police officers entered Jeremiah Tomaske’s property without a warrant and chased him into his house; Tomaske responded by resisting and allegedly assaulting a police officer. The issue this case presented for the Colorado Supreme Court’s review centered on whether the evidence regarding Tomaske’s actions was properly suppressed. The trial court found that the police officers’ initial entry onto the Tomaske property was a Fourth Amendment violation. Furthermore, the court found Tomaske’s alleged assault “occurred only as a result of the illegal action of law enforcement entering the curtilage and then the residence in violation of the Fourth Amendment.” As a result, the court suppressed all evidence of the alleged assault. Because Tomaske’s decision to resist was an independent act, the Supreme Court concluded the evidence of Tomaske’s alleged criminal acts was sufficiently attenuated from the police misconduct. Therefore, the evidence of what transpired inside the house should not have been suppressed. Accordingly, the Court reversed the trial court’s suppression order. View "Colorado v. Tomaske" on Justia Law