FAKE CHECKPOINTS TO DISCOVER DRUGS OK'D BY COURT

DENVER -- Colorado authorities may set up fake checkpoints in hopes of
sniffing out illegal drugs, a state appeals court ruled in a case
where camouflage-clad officers spied on fans during the 2000 Telluride
Bluegrass Festival. The ruling was based on a federal appeals court
decision last year in a similar case in Oklahoma.

In that case, the court said in essence that fake checkpoints are
legal because they are not the real thing.

In the Oklahoma case, Mack Flynn saw checkpoint warning signs in
Muskogee County, quickly got off the interstate and dropped a large
sack along the road.

The 10th U.S. Circuit Court of Appeals agreed with his attorneys that
checkpoints are illegal, but ultimately ruled against him because
there really weren't any checkpoints.

"The posting of signs to create a ruse does not constitute illegal
police activity," that ruling said.

Flynn pleaded guilty in 2001 and was sentenced to federal
prison.

Police at the Telluride festival posted signs along the road saying,
"Narcotics checkpoint, one mile ahead" and "Narcotics canine ahead."

Officers wearing camouflage hid on a hill and watched for any people
who turned around or appeared to toss drugs out of their windows after
seeing the signs.

Stephen Roth, 60, was pulled over for littering and authorities found
he had tossed a marijuana pipe out the window.

A subsequent search of his car turned up two more marijuana pipes and
hallucinogenic mushrooms.

The appeals court said that while drug checkpoints are illegal under
the Fourth Amendment -- because motorists are stopped at random and
without reasonable suspicion of committing a crime -- the discovery of
the first pipe gave the officers probable cause to stop Roth's vehicle.

Roth's lawyer said he planned to appeal Thursday's
ruling.

In Colorado, Dolores County Sheriff Jerry Martin said his department
conducted four fake checkpoint operations before suspending them
because of the lawsuit. The operation will probably be reinstated, he
said.

"We didn't dream it would be that effective. I'm telling you, they
tossed stuff out of there that you couldn't believe," Martin said.

George Epp, executive director of the County Sheriffs of Colorado,
said he thought the Dolores County operation was unique.

"There was a gathering where it was known that drug use was fairly
widespread," he said. "What the court's saying is that it's sometimes
OK to take advantage of criminal stupidity."

Epp, a retired Boulder County sheriff, said he didn't expect other
sheriffs to start using fictitious checkpoints.