COURT OKS COLORADO'S PHONY DRUG CHECKPOINTS

DENVER -- Colorado police can set up fake checkpoints in hopes of sniffing
out illegal drugs, an appeals court ruled in a case where camouflage-clad
officers spied on fans during a bluegrass festival in 2000.

Thursday's ruling, which reversed an earlier finding, was based on a
federal appeals court decision last year in a similar case in Oklahoma.

Police at the Telluride festival had 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 their windows after seeing the
signs.

Police pulled over Stephen Roth, 60, for littering after they found a
marijuana pipe tossed from his window. Two other pipes and mushrooms were
found in a search of his car.

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

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.

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

The 10th Circuit agreed with his lawyers 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 court said.