Legal Opinion

State v. Comer

Court of Appeals of Utah

Decided June 27, 2002No. 20010323-CAPublishedCited by 31 opinions

1Opinion of the Court

OPINION

ORME, Judge:

¶ 1 This appeal addresses, inter alia, the issue of whether a report of domestic violence from an identified citizen informant triggers the emergency aid exception to the Fourth Amendment’s warrant requirement, permitting warrantless entry into a home even absent probable cause. We conclude it does not. However, we determine that the warrantless police entry into the residence in this case was nonetheless lawful because it was supported by probable cause and accompanied by exigent circumstances.

BACKGROUND

¶ 2 “We recite the facts in the ‘light most favorable to the trial…

2Cases cited34 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. Mincey v. ArizonaSupreme Court of the United States · 1978
  4. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  5. People v. MitchellNew York Court of Appeals · 1976

29 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. State v. DeneuiSouth Dakota Supreme Court · 2009
  2. Brigham City v. StuartUtah Supreme Court · 2005
  3. People v. TroyerCalifornia Supreme Court · 2011
  4. State v. VialpandoCourt of Appeals of Utah · 2004
  5. Brigham City v. StuartCourt of Appeals of Utah · 2002

26 more not listed; retrieve them via the Exa API.

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