Aspen Police Officer Dan Davis knew the drill.
It was late February and he’d just caught a 22-year-old local man and a juvenile in a locked bathroom at Rio Grande Park with the smell of freshly burnt marijuana hanging in the air. The local man, Eduardo Alvarado, told Davis they were “chilling,” denied having any drugs on him and allowed the officer to search him, according to documents filed in Pitkin County District Court.
“I was pretty certain that any drugs that had been in his possession had been dropped into the toilet and flushed prior to our entry,” Davis wrote in an affidavit he filed with the court in March. “I did not find any drugs on Alvarado and told him he was free to leave.”
However, a city of Aspen parks employee later retrieved a black container with marijuana inside along with two cans of beer from the “fecal waste collector” directly beneath the men’s bathroom, the affidavit states. A sticker on the marijuana container indicated it had been…