State v. Swenson

Jeffrey Swenson appeals from his conviction for possession of marijuana with intent to deliver, claiming that the court erred by admitting evidence from an illegal search of his home. We agree and reverse.

At about 2:30 a.m. on August 5, 1988, a neighbor notified police that the front door to Swenson's house was open. Police Officer Davidson arrived on the scene and spoke to the neighbor, who said that no one seemed to be in the house. There was no car parked in the driveway, and a dog was barking in the front yard. Davidson called for backup. When Officer Castillo arrived, the two officers…