STATE v. KELLY

No. 23788.

963 P.2d 1211 (1998)

131 Idaho 774

STATE of Idaho, Plaintiff-Respondent, v. Thomas Edward KELLY, Defendant-Appellant.

Court of Appeals of Idaho.

August 17, 1998.


Attorney(s) appearing for the Case

Finney & Finney, Sandpoint, for Appellant. John A. Finney argued.

Alan G. Lance, Attorney General; Catherine O. Derden, Deputy Attorney General, Boise, for Respondent. Catherine O. Derden argued.


LANSING, Chief Judge.

This is an appeal from the district court's denial of a motion to suppress evidence obtained by a law enforcement officer following his warrantless entry into the defendant's residence. The district court found the entry to be justified by exigent circumstances. Because we conclude that an officer may not rely on avoidable exigent circumstances of his own creation to justify a warrantless entry, we...

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