People v. Dancey

Gibbons, J.,

dissents and votes to reverse the judgment and order a new trial, with the following memorandum: In view of the rule expressed by the Supreme Court of the United States in Mincey v Arizona (437 US 385), that the possibility of a homicide does not create a “murder scene exception” which, in the absence of continuing exigent circumstances, dispenses with the demands of the Fourth Amendment, I am impelled to vote for reversal. The continued presence of a police guard at the scene of such crime is for the purpose of preventing the loss or destruction of evidence until the police have…