STATE v. COMER

No. 20010323-CA.

51 P.3d 55 (2002)

2002 UT App 219

STATE of Utah, Plaintiff and Appellee, v. Damon and Misty COMER, Defendant and Appellant.

Court of Appeals of Utah.

June 27, 2002.


Attorney(s) appearing for the Case

Dale M. Dorius and Justin C. Bond, Brigham City, for Appellant.

Mark L. Shurtleff, Attorney General, and Jeffrey S. Gray, Assistant Attorney General, Salt Lake City, for Appellee.

Before JACKSON, P.J., and BILLINGS, Associate P.J., and ORME, J.


OPINION

ORME, Judge:

¶ 1 This appeal addresses, inter alia, the issue of whether a report of domestic violence from an identified citizen informant triggers the emergency aid exception to the Fourth Amendment's warrant requirement, permitting warrantless entry into a home even absent probable cause. We conclude it does not. However, we determine that the warrantless police entry into the residence in this case was nonetheless lawful because it was supported...

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