People v. Lemons
299 Mich. App. 541
| Mich. Ct. App. | 2012Background
- Police were dispatched to defendant's condo about noon on Nov 13, 2011, after a report that the front door was open and blowing in the wind.
- Officers entered the condo to secure the premises due to a suspected home invasion; they smelled marijuana in the kitchen and found marijuana in plain view in the basement.
- Detectives later obtained a search warrant and seized cocaine, marijuana, bags, a scale, and paperwork; cocaine was found in a bedroom.
- Defendant moved to quash and dismiss, arguing the entry/search violated the Fourth Amendment; the trial court granted the motion.
- The court of appeals held the emergency-aid exception justified the entry and that good faith negated suppression, reversing and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether emergency-aid justified warrantless entry | People contends emergency aid justified entry | Burén contends entry lacked justification | Yes; emergency-aid justified entry |
| Whether good-faith exception applies | People relies on good-faith exception to avoid suppression | Burén argues exclusion applies | Yes; good-faith exception applies, no suppression |
| Whether evidence was admissible despite potential illegality | People argues evidence recoverable under exception | Burén claims tainted by illegal search | Admissible due to emergency-aid and/or good-faith |
Key Cases Cited
- People v Brzezinski, 243 Mich App 431 (2000) (emergency-aid framework and reasonableness of police actions)
- Tierney v. Mich. App., 266 Mich App 687 (2005) (emergency-aid guidance for entering to aid occupant)
- Brigham City, Utah v. Stuart, 547 U.S. 398 (2006) (emergency-entry doctrine; imminent danger if inside)
- Mincey v. Arizona, 437 U.S. 385 (1978) (plain-view seizures during legitimate emergency activity)
- People v Hill, 299 Mich App 402 (2013) (community caretaking/exception; good-faith considerations)
- Davis v. United States, 564 U.S. 229 (2011) (good-faith exception scope where deterrence not served)
- People v Davis, 442 Mich 1 (1993) (community caretaking vs emergency aid; door open scenario)
- Johnson v City of Memphis, 617 F.3d 864 (2010) (analogous emergency-aid/entry rationale)