State v. Brandyn Norman, CA2014-02-033
Nov 17, 2014OUTCOME: Conviction reversed and case remanded back to trial court.
The appellate court concluded: that under the facts of this case, where no emergency necessitating a warrantless entry existed and there was evidence that the premises could have been secured while a w ... arrant was obtained, the warrantless entry into the basement was unreasonable. While there was probable cause to believe that marijuana was in the basement, there was no basis for law enforcement to believe, or even suspect, that anyone was in the basement or that the marijuana was in danger of being destroyed. The state, therefore, failed to meet its burden of demonstrating that exigent circumstances justified the warrantless entry into the basement. As the state failed to demonstrate that an exception to the warrant requirement justified the warrantless search of the basement, we find that the trial court erred by denying Warren CA2014-02-033 appellant's motion to suppress. Appellant's first assignment of error is, therefore, sustained. The judgment of the trial court is hereby reversed and the cause remanded for further proceedings. On remand, all evidence seized pursuant to the warrantless search of the basement shall be suppressed.
