State Missouri v. Randall K. Esrock

Randall Esrock, defendant, appeals from a verdict finding him guilty of possession of a controlled substance and resisting arrest. Defendant was sentenced to five years imprisonment on the possession charge and one year on the charge of resisting arrest. The sentences were to run concurrently, but the trial court suspended the five year sentence. On appeal, defendant contends that the trial court erred in holding that: (1) defendant's Fourth Amendment right against warrantless search and seizure was not violated; (2) a warrantless search of defendant's residence was permissible under the exigent circumstances exception; and (3) a warrantless search of defendant's residence was permissible under the consent exception. Essentially, the issue is whether the police officers' search of defendant's residence and the seizure of the marijuana violate his rights as guaranteed by the Fourth and Fourteenth Amendments. We affirm.