State v. Bramson

Because I disagree with the majority’s conclusions that the search in this case was conducted without probable cause and in the absence of exigent circumstances, I dissent.

I believe that the investigating officers in this case had probable cause to believe that criminal activity was occuring within defendants’ home.1 Although it was a cold winter morning, the home stood open to the elements. A vehicle was in the driveway. Defendants were reported to be out of town.

We have previously held that exigent circumstances justify a warrantless entry when the suspect is still present at the scene of a…