Baird v. State
Court of Appeals of Arkansas
1DissentBird, Judge
I respectfully dissent from the majority opinion because I believe that the majority has incorrectly applied the law in concluding that the police officers’ entry into the Baird residence was unlawful. Police officers need either a warrant or probable cause plus exigent circumstances in order to make a lawful entry into a home. Kirk v. Louisiana, 536 U.S. 635, 638 (2002) (citing Payton v. New York, 445 U.S. 573 (1980)). An important factor to be considered when determining whether any exigency exists is the gravity of the underlying offense for which the arrest is being made. Welsh v.…
2Cases cited12 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- Mincey v. ArizonaSupreme Court of the United States · 1978
- Welsh v. WisconsinSupreme Court of the United States · 1984
- Lewis L. Wayne v. United StatesCourt of Appeals for the D.C. Circuit · 1963
- Kirk v. LouisianaSupreme Court of the United States · 2002
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