Implicated by their own video, snowboarders say their constitutional rights were violated
Two Colorado snowboarders who face criminal charges for allegedly causing an avalanche are arguing that their Fourth and Fifth Amendment rights were violated, a Denver TV station reported.
The two men had voluntarily handed over video from a helmet camera after the March 25 avalanche near Eisenhower Tunnel. That video was used as the basis of a reckless endangerment charge and potential fines of nearly $170,000 — the first time Colorado has sought a criminal conviction for causing an avalanche.
On Wednesday, KDVR said, their attorney filed a motion contending his clients gave the video to avalanche investigators to “contribute to overall knowledge of avalanches” and didn’t know it might be used against them as evidence.
The video captures the moments when the avalanche was triggered while the pair — local men ages 26 and 38 — were backcountry snowboarding above Interstate 70 in the Rockies about 65 miles west of Denver.
According to the Denver news website Colorado Sun, the video records the men discussing snow conditions and route selection before dropping in. When the snow starts sliding, they stop and watch as it buries a service road 20 feet deep.
“Dude, that is what I was worried about. … I really hope nobody was on that road,” one reportedly says.
Nobody was injured, but an avalanche mitigation “cannon” worth $168,000 was reportedly ripped from its base and damaged by debris.
The Fourth Amendment to the U.S. Constitution prohibits unreasonable search and seizure; the Fifth contains protection against self-incrimination.