State v. Mell

I agree with the majority that (1) Officer Rick Howard did not invade the curtilage of the Mells’ home when he walked onto the side yard; (2) the warrantless search of the Mells’ home was not justified by exigent circumstances, which requires that paragraph 5 be excised from Detective Aaron Procaccini’s probable-cause affidavit; and (3) the State has waived any claim that a good-faith exception to the exclusionary rule applies here. But I respectfully dissent from the court’s conclusion that the affidavit provided an insufficient basis for the issuance of a search warrant for the Mells’ home.…