Weeks of Drug Abuse May Have Preceded Downey Arrest

December 7, 2000 -- A new story on the unfortunate plight of Robert Downey Jr. claims that the actor was using drugs during the weeks prior to his arrest at a Palm Springs, Calif., hotel last month.

Meanwhile, Downey's lawyer announced that his client plans to plead innocent to drug charges stemming from the incident. Attorney Robert Waters, who helped secure Downey's release from prison on previous drug charges in August, told Reuters the actor will enter innocent pleas to the new charges expected to be filed against him at his arraignment Dec. 27.

One source, an alleged friend of Downey's estranged wife, Deborah Falconer, tells People that Downey's supposed sobriety was a sham. The mag's Dec. 18 issue quotes the source as saying, "[Downey]'s been getting loaded on and off." The actor's rep firmly denies this claim.

Falconer's anonymous pal claimed to People that Downey's wife cut off his contact with their 7-year-old son, Indio, after the star left his child alone with his assistant in order to make a drug run. The insider alleges that that incident occurred two weeks before the actor's Palm Springs bust.

Downey checked himself into a Los Angeles hospital for depression last weekend, according to the TV show Access Hollywood. The actor's stepmother and a psychiatrist familiar with his background both note that Downey has been diagnosed as having bipolar disorder — which they believe goes untreated by drug and alcohol treatment programs, worsening Downey's cravings.

According to Downey's attorney, two additional lawyers, Daniel F. Brookman and Thomas Eckardt, have been hired to help keep the actor from going back to jail. "We intend to vigorously defend Robert against all the charges against him," Waters said.

The 35-year-old actor was arrested Nov. 25 by Palm Springs police acting on an anonymous telephone tip from a caller who claimed there were guns and cocaine in the hotel room where Downey was staying.

Officers responding to the call were greeted at the door by Downey, who they say invited them to search the premises. The search turned up a small quantity of cocaine and methamphetamine, but no weapons, police said. Downey was arrested, and a subsequent drug test of the actor turned up positive, police said.

He was released on $15,000 bond the next day.

Did Downey Consent to Search?Legal experts say a defense in a typical drug possession case involves a motion to suppress evidence by arguing that the search was unlawfully conducted. Defense lawyers often argue that police either lacked consent to enter a private area — in this case a hotel room — to conduct a search, or that they lacked sufficient reason to conduct a search without the occupant's consent.

In Downey's case, police found the hotel door ajar and walked in, Sgt. Bryan Anderson told US Weekly. Downey allegedly asked, "What seems to be the problem?" as officers began searching the living area, bedroom, and bathroom. After authorities uncovered cocaine and methamphetamine, Anderson apparently advised Downey that he should tell them to stop searching the room without a warrant.

If police can show that they were invited in and that Downey consented to a search, it would be difficult for his lawyers to make the case that he was bullied into a search against his will, Paul Bergman, a law professor at the University of California at Los Angeles, told Reuters.

"Once somebody gives consent, it's … pretty tough to convince the judge that the consent was involuntary," he said.

Bergman added that a recent U.S. Supreme Court ruling found that anonymous telephone tips are insufficient to establish probable cause.

Reuters contributed to this story.