Illegal police entry does not render evidence of subsequent assault: COM. V. NELSON (COA 2/1/2008)

COM. V. JOHNSON
CRIMINAL:  Illegal police entry does not render evidence of subsequent assault inadmissible
2006-CA-002200
PUBLISHED: REVERSING AND REMANDING
PANEL: THOMPSON PRESIDING; BUCKINGHAM, HENRY CONCUR
COUNTY: LEE
DATE: 02/01/2008

CA ruled an illegal entry into a residence by a police officer does not render evidence of a subsequent assault against the officer inadmissible under the exclusionary rule. Here, officer entered house because he believed suspect was getting a weapon. Once inside, Johnson allegedly assaulted the officer. TC improperly dismissed indictment due to illegal entry. There is an abundance of case law from other jurisdictions which have addressed the issue now presented. Although the courts have employed different reasoning, they have uniformly rejected motions to suppress evidence relating to the defendant’s violence toward police officers subsequent to an unlawful warrantless entry or search and seizure.

Digested by Scott C. Byrd
www.olginandbyrd.com

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