State v. Burnett

JAMES M. SMART, JR., Judge.

This is an interlocutory appeal based on a motion to suppress that the motion court granted. The State contends that the motion court erred in granting the motion to suppress, because there were exigent circumstances that existed to justify the war-rantless entry of the defendant’s home. Finding error in the motion court’s ruling, we reverse.

Background

The relevant facts are not in dispute. On January 24, 2006, at approximately 1:11 p.m., Jennifer Capps at the Division of Family Services received a phone call concerning the well being of a certain infant, L.N., who…