State v. Boettcher

SABERS, Justice.

This is a discretionary appeal from a pretrial order suppressing evidence of Kathy Boettcher’s justification/necessity defense in her prosecution for burglary, assault and childnapping. We reverse.

FACTS

This matter arises out of an ongoing custody dispute over Boettcher’s four-year-old daughter, H.T. Boettcher and her husband were divorced in early 1986. Custody of H.T. was awarded to Jack and Millie Thomas, the child’s paternal grandparents. Several proceedings ensued in which Boettcher attempted to obtain custody of H.T. In each instance custody was continued with the…