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Criminal Law : Warrantless Entry – Exigent Circumstances
Stephanie Maniscalco//December 4, 2014//
Listen to this articleWhere an officer investigating a stolen car entered a home when he observed the defendant turn and walk away, the warrantless entry was not necessary to thwart an escape and it was also not necessary to prevent the imminent destruction of a victim’s identification documents, so the entry was not justified by exigent circumstances, and the trial court clearly erred by failing to grant the defendant’s motion to suppress.
Judgment is reversed and remanded.
State v. Hastings (MLW No. 67202/Case No. ED100435 – 12 pages) (Missouri Court of Appeals, Eastern District, Van Amburg, J.) Appealed from circuit court, Lincoln County, Mennemeyer, J. (Lee R. Elliott for appellant) (Gabriel E. Harris for respondent).
Read the full text of this opinion. (PDF)
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