Price v. State

"Law enforcement officers may not conduct a warrantless search of a known crime scene simply because they are lawfully present and a crime recently occurred there."

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

We granted Jerry Price’s application for discretionary review to determine whether the trial court erred in denying his motion to suppress marijuana found in plain view when police officers entered his home without a warrant and without consent. Because we find no exigent circumstances to justify the officers’ actions, we reverse the trial court’s order. Under the Fourth Amendment, even if police officers have probable cause, they are prohibited from entering a person’s home without a warrant, absent consent or a showing of exigent circumstances.1 The record in the present case shows that police were dispatched to Price’s residence in reference to a domestic disturbance. When the officers arrived, they were met outside the residence by Price and the complainant, Lacretia Mitchell. After speaking with Price and Mitchell, the officers determined that Price was the lawful resident of the house and that Mitchell was visiting. Mitchell told the officers that she and Price “were in a short struggle and that he had put his hands on her” while they were in the living room At some point, the officers entered the residence for the purpose of investigating whether a battery had occurred. While looking for evidence of a battery, officers observed a small amount of suspected marijuana in plain view and arrested Price for violation of the Georgia Controlled Substances Act. Price was not arrested for battery.

It is undisputed that the officers did not ask Price for consent to enter his residence and that Price never gave the officers express permission to enter his residence. It is further undisputed that the officers did not have a warrant to enter Price’s residence. As such, the state was required to prove that exigent circumstances existed in order to justify the warrantless entry into Price’s residence.2 The state failed to carry this burden.

Price v. State

"Law enforcement officers may not conduct a warrantless search of a known crime scene simply because they are lawfully present and a crime recently occurred there."

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report