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MO: Entry into defendant's backyard at night was unreasonable

By John Wesley Hall, Jr.

Officers went into defendant’s backyard about midnight and looked around. They saw “no trespassing” signs on the building, which the court believes meant the backyard and not just the building (the building was a given). Going into the backyard was unreasonable. State v. Kruse, 2010 Mo. App. LEXIS 29 (W.D. Mo. January 19, 2010)*: This is not a case where the police officers merely knocked on the front door to ask whether Beel was present. The officers went into the back yard before trying the front door. The officers did not fear present danger or present destruction of evidence. When the officers arrived at Kruse's residence, they called for and took the time to wait for additional officers to arrive. Beel's van had a flat tire...continue to full post

Full post as published by Fourth Amendment on January 23, 2010 (boomark / email).