Priscilla Diane Long v. State
05-15-01092-CR
| Tex. App. | Aug 23, 2016Background
- Priscilla Diane Long and her husband rented a home; they were behind on rent and landlord Barbara Schneider visited on September 28, 2011 to inquire about payment/eviction.
- Schneider observed Long appearing ill, lethargic, disheveled, slumped to the floor, and unresponsive to repeated inquiries through the closed door; Schneider called 911 expressing concern for Long’s welfare.
- McKinney police officers Fernandez and Casebolt responded, told Long’s husband they were conducting a welfare check, and the husband was reluctant to let them see Long but ultimately escorted them upstairs.
- Officers entered the master bedroom (Officer Fernandez testified entry was not consensual) and identified themselves; Long told them to leave and then pointed a Beretta 9mm at Officer Fernandez’s face.
- Long was indicted for aggravated assault on a public servant; she filed a pretrial motion to suppress asserting the officers’ entry violated the Fourth Amendment and the emergency-doctrine did not justify warrantless entry.
- The trial court denied the motion to suppress; Long pleaded no contest, was placed on deferred adjudication community supervision, and appealed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers’ warrantless entry was justified under the emergency (welfare-check) doctrine | Long: officers lacked a reasonable belief of imminent risk to life/serious injury, so entry violated Fourth Amendment | State: officers reasonably conducted a welfare check based on landlord’s observations and 911 call; even if entry was improper, evidence of assault is independent | Court affirmed denial of suppression — even accepting possible unlawful entry, Long’s pointing a gun was an independent subsequent offense and not subject to exclusionary rule |
Key Cases Cited
- Mincey v. Arizona, 437 U.S. 385 (1978) (recognizes emergency doctrine exception to warrant requirement)
- Laney v. State, 117 S.W.3d 854 (Tex. Crim. App. 2003) (officer may act without a warrant when reasonably believing action is necessary to protect life or avoid serious injury)
- State v. Iduarte, 268 S.W.3d 544 (Tex. Crim. App. 2008) (evidence of an independent criminal act committed after an allegedly unlawful entry is not subject to suppression as fruit of the poisonous tree)