State v. Asbury

TOAL, Justice:

The defendant Willie James Asbury appeals his convictions of murder and kidnapping, asserting, inter alia, that the court erred in refusing to suppress evidence improperly seized from Asbury’s home. I agree and must, therefore, dissent from the majority opinion.

*196On January 6, 1992, six officers went to Asbury’s trailer house to serve on him outstanding warrants and commitment orders unrelated to the present case. Asbury had been pinpointed as a suspect in the murder of Ezell Lawrence (“Victim”). The officers went to Asbury’s residence early in the morning. When they arrived, they…