The People of the State of Colorado, Plaintiff-Appellant v. Jeremiah Anthony Tomaske, Defendant-Appellee.

Summary

The court held that evidence of Tomaske’s alleged assaultive and disarming conduct inside his home was sufficiently attenuated from the officers’ unlawful entry because his decision to resist was an independent, intervening criminal act. The exclusionary rule therefore did not require suppression of evidence concerning what occurred inside the house, and the suppression order was reversed and remanded. The opinion contains no separate writings.