State v. Venzen

I respectfully dissent. Although I agree that the trial court’s suppression ruling cannot stand, I would vacate the same and remand the case for further factual findings as to whether access to the residence might be justified upon the arrest warrant for Delyno Brown.

Initially, it is appropriate to point out that the majority decides this case upon an issue as to which there is procedural default. Specifically, neither the parties nor the trial court analyzed this case under the theory of search incident to arrest, and the State has not raised it on appeal. While we will apply the “right for…