STATE v. CARLSON

No. 94-1873.

548 N.W.2d 138 (1996)

STATE of Iowa, Appellee, v. Ralph Phillip CARLSON, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 15, 1996.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Ahmet S. Gonlubol, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, John P. Sarcone, County Attorney, and Steven Foritano and Jeffrey Noble, Assistant County Attorneys, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and TERNUS, JJ.


HARRIS, Justice.

On the basis of a missing person report, officers seized evidence during a nighttime warrantless search of defendant's residence following a forced entry. The question, whether the search was valid, turns on whether a "health and safety" search is authorized under certain extreme circumstances. We think it is authorized, and believe the facts here present the perfect model for its correct application. We accordingly affirm defendant's murder conviction...

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