STATE v. DURAN

No. 20051070.

156 P.3d 795 (2007)

2007 UT 23

STATE of Utah, Plaintiff and Petitioner, v. Bernadette DURAN, Defendant and Respondent.

Supreme Court of Utah.

March 9, 2007.


Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Jeanne B. Inouye, Asst. Att'y Gen., Salt Lake City, Gene E. Strate, Price, for plaintiff.

Samuel S. Bailey, Price, for defendant.


NEHRING, Justice:

¶ 1 The issue presented in this case is whether the detectable odor of burning marijuana creates an exigent circumstance permitting a warrantless search of a residence. We hold that it does not.

BACKGROUND

¶ 2 This case presents a purely legal issue. Our recounting of the facts is therefore spare. On April 22, 2003, the brother and the mother of Lance Horvath called police officers to report that people were smoking marijuana...

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