State v. Komrosky

Citations

• 2019 ND 300

Syllabus

Warrantless discovery of evidence in a defendant's home is justified under the emergency exception to the warrant requirement if entry was actually motivated by a perceived need to render aid or assistance. An objective standard of reasonableness is used in determining whether law enforcement had reasonable grounds to believe there was an emergency at hand and an immediate need for their assistance for the protection of life or property. Plain view is a recognized exception to the warrant requirement, allowing law enforcement officers to seize a clearly incriminating object without a warrant if the officers are lawfully in a position from which they can view an object and the object's incriminating character is immediately apparent.