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Publisher Description

1 We review a decision of the court of appeals affirming the circuit courts amended judgment convicting Juiquin Anthony Pinkard (Pinkard) of possession of cocaine with intent to deliver. In upholding the judgment of conviction, the court of appeals affirmed the circuit courts denial of Pinkards motion to suppress evidence seized from his bedroom subsequent to the officers warrantless entry of his home based upon an anonymous tip that two individuals in Pinkards house appeared to be sleeping next to drugs, money and drug paraphernalia and that the door to the residence was standing open. The dispositive issues in this case are whether the officers warrantless entry into Pinkards home came about during the exercise of a bona fide community caretaker function, and if so, whether that function was reasonably exercised, thereby permitting the subsequent seizure of evidence that was in plain view. We conclude that under the circumstances of this case, the officers warrantless home entry to ensure the health and safety of the occupants was undertaken as a bona fide community caretaker function, which was reasonably exercised. Accordingly, the officers lawfully seized evidence of a crime that was in plain view.

GENRE
Professional & Technical
RELEASED
2010
July 15
LANGUAGE
EN
English
LENGTH
49
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
75.8
KB

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