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NV: Follows Brigham City requiring objective basis for emergency entry

By John Wesley Hall, Jr.

Relying on Brigham City, Nevada holds that an entry based on a domestic disturbance where the police were called by a neighbor and came talked to the female involved through slightly opened door who said that nobody was hurt and they did not want the police inside was unreasonable. The officer had no objective evidence that anybody inside was hurt [and nobody was]. The entry produced drugs for which defendant was charged. The motion to suppress should have been granted. Hannon v. State, 2009 Nev. LEXIS 15, 125 Nev. Adv. Rep. 15 (May 21, 2009): To the extent that our caselaw still condones inquiring into law enforcement's subjective motivations in the context of an emergency home entry, as other courts have done, see, e.g., U.S. v. Snipe, 515 F...continue to full post

Full post as published by Fourth Amendment on June 14, 2009 (boomark / email).