State v. Neighbors, 328 P.3d 1081

Landlord entered tenant’s apartment to check on abandonment; tenant allegedly unresponsive and on couch.
Police responded to a report of an unresponsive person; entry occurred at 10:35 a.m. under emergency aid reasoning.
Delgado, a narcotics investigator, arrived later and began a drug investigation after initial welfare contact.
Neighbors was awakened, identified himself, and consent for some searches was obtained from him; another occupant’s status was less clear.
Officers found a small bag of methamphetamine on Neighbors and arrested him for drug offenses.
District court suppressed drug evidence, holding officers exceeded the emergency aid scope; Court of Appeals reversed, then this court granted review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether emergency aid justified initial entry	Neighbors argued emergency aid dissipated before Delgado’s entry	State contends initial entry remained within emergency aid	Emergency aid justified initial entry; later excesses not covered
Whether Delgado’s post-entry actions were within emergency aid scope	Delgado’s actions were within emergency aid due to ongoing concerns	Actions shifted to investigative purpose beyond emergency	Delgado’s entry and search exceeded emergency aid scope; suppression affirmed

Minvcey v. Arizona, 437 U.S. 385 (U.S. 1978) (emergency aid recognized but tightly circumscribed)
Brigham City v. Stuart, 547 U.S. 398 (U.S. 2006) (emergency aid requires objectively reasonable basis to believe imminent injury)
Mincey v. Arizona, 437 U.S. 385 (U.S. 1978) (emergency aid limited by exigencies; no broad intrusion)
Cady v. Dombrowski, 413 U.S. 433 (U.S. 1973) (community caretaking in vehicles; distinction from dwelling searches)
Jones v. State (Jones II), 24 Kan. App. 2d 405 (Kan. App. 1997) (three-part emergency doctrine test used in Kansas prior to Brigham City)
Mendez, 275 Kan. 412 (Kan. 2003) (three-part test for emergency aid prior to Brigham City overruled on Brigham City grounds)