Facts
Wong was robbed from his hotel room and identified Stackhouse from a photo lineup. Officers went to Stackhouse’s address and the person answering the door identified himself as Lewis, which was confirmed by his foster sister. Police later discovered the man was Stackhouse and returned the house, finding Stackhouse in the attic. A gun barrel was found near where Stackhouse was.
Procedural History
The trial court admitted the gun barrel into evidence.
Issue(s)
Did the lower court err in admitting the gun barrel into evidence?
Holding(s)
Yes.
Reasoning/Analysis
The Court found that mere presence of third persons is not an exigency that will justify a warrantless search. The police action must be justified by an immediate and compelling need and not by an inference about a future possibility. Considering the facts surrounding the case, we hold that exigent circumstances did not justify a search of the attic and seizure of the gun barrel.
Judgment/Outcome
The Court reversed the judgment of the trial court.
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