State v. Branch

I am unable to agree with the majority that the entry by the officers into Room 310 was unlawful under all the facts and circumstances shown here.

The record is silent as to whether the officers asked permission to enter the room or whether the occupant consented to their entry. The trial judge made no clear finding on this point. In the absence of some evidence that their entry was forcible, or was *254resisted or objected to in some manner, I would hold that the entry was lawful.

Prior to going to the room, the facts and circumstances of which Sgt. Englert had reasonably trustworthy information…