STATE v. WREN

No. 16827.

768 P.2d 1351 (1989)

115 Idaho 618

STATE of Idaho, Plaintiff-Respondent, v. Milton S. WREN, Defendant-Appellant.

Court of Appeals of Idaho.

February 2, 1989.


Attorney(s) appearing for the Case

Douglas L. Mushlitz and William H. Ball (Clark & Feeney), Lewiston, for defendant-appellant.

Jim Jones, Atty. Gen. by David R. Minert, Deputy Atty. Gen., Boise, for plaintiff-respondent.


BURNETT, Judge.

This appeal presents a narrow but important constitutional question. May police officers, in whose presence a nonviolent misdemeanor has occurred, pursue the alleged offender into his home and seize him there without an arrest warrant? We hold that they may not unless (a) the pursuit is triggered by flight from a lawful arrest outside the home, or (b) exigent circumstances, other than the pursuit itself, make it necessary to enter the home without...

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