Oliver v. United States

Opinion for the court by Associate Judge STEADMAN.

Dissenting opinion by Associate Judge FERREN at p. 1173.

STEADMAN, Associate Judge:

Appellant challenges the warrantless police entry into her home which resulted in the retrieval of a kidnapped baby. We conclude, as reflected in the trial court’s ruling, that the entry and seizure of the baby were justified by emergency circumstances and hence lawful under the Fourth Amendment. The identification of the baby as the kidnapped baby sufficiently attenuated the taint of appellant’s conceded illegal seizure to make appellant’s subsequent confession…