State v. DeWitt

In this case we hold that police officers responding to a burglary-in-progress may reasonably enter the residence without a warrant to search for suspects and protect the occupants and their property. I most certainly concur in that holding. We also hold that once the officers have secured the premises, they may not reenter unless additional exigent circumstances arise, or they obtain valid consent or a search warrant. I also concur in this holding. However, the majority goes beyond this to uphold a “confirmatory search” based on People v. Duncan, 42 Cal.3d 91, 227 Cal.Rptr. 654, 720 P.2d 2…