State v. Ashe

I dissent. The conviction should be reversed and the case remanded for a new trial without the disputed evidence. I believe that the trial court improperly denied appellant’s suppression motion because the State failed to prove either sufficient exigency to justify the warrantless entry of appellant’s residence or the unavailability of a telephone warrant. Unlike the majority, I think the facts as they appear in the officers’ version support this conclusion, and I therefore reject the majority’s assertion that reversal would require adoption of appellant’s interpretation of events.

As the…