State v. Campbell

The State charged Defendant with several drug-related offenses and possession of a firearm. Defendant moved to suppress the gun and drug evidence found in his apartment, arguing that the smell of burning marijuana did not provide exigent circumstances justifying a police officer's warrantless and forced entry into his apartment. The district court denied Defendant's motion. The district court subsequently convicted Defendant of all the charges except misdemeanor marijuana possession. The court of appeals affirmed the district court's ruling that the plain view exception justified the seizure, inexplicably finding that Defendant had not argued that the officer created the exigency . The Supreme Court reversed the denial of Defendant's motion to suppress, holding (1) Defendant clearly argued to both lower courts that the police officer's actions created the exigency, which the officer then used to justify his use of force and warrantless entry to the apartment; and (2) because the officer's conduct preceding the exigency was unreasonable, the officer violated the Fourth Amendment and therefore could not rely upon the exigent circumstances exception to justify his warrantless entry into Defendant's apartment. View "State v. Campbell" on Justia Law