Legal Opinion · Dissent

State v. Lemieux

Supreme Court of Minnesota

Decided January 18, 2007No. A05-554Published

1DissentMeyer, Justice

I respectfully dissent. I would not require that an emergency-aid search be supported by evidence establishing proba*791ble cause to believe an emergency exists at a particular location, and instead I would inquire whether the emergency-aid search was based on a reasonable belief supported by specific and articulable facts. I disagree with the majority’s conclusion that the facts of this case give rise to an objectively reasonable belief that an emergency-aid search was justified. Finally, I would conclude that the evidence obtained as a result of that search was improperly admitted, prejudicing…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Payton v. New YorkSupreme Court of the United States · 1980
  4. United States v. SokolowSupreme Court of the United States · 1989
  5. Lewis L. Wayne v. United StatesCourt of Appeals for the D.C. Circuit · 1963

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