Mincey Versus Arizona

Question 0

Issue

Answer 0

Whether the evidence from the warrantless search of the defendants apartment was lawfully obtained under a murder scene exception

Question 1

Facts

Answer 1

Narcotics agents rated the defendants apartment for narcotics. During the raid officer was shot and killed. Defendant was wounded, as were two other persons. Narcotics agents pursuant to a police department directive that stated police officer should not investigate incidents in which there are bald made no further investigation. Homicide detectives conducted a four day warrantless search of the apartment.

Question 2

Held

Answer 2

No murder scene exception does not exist.

Question 3

Discussion

Answer 3

Police come upon a homicide they make a proper warrantless search of the area. To look for victims or if a killer is still on the process. Please may also sees any evidence in Plainview during the course of legitimate emergency activities. Such a warrantless search must be strictly limited by the emergency that justifies it’s initiation. In this case there was no indication that evidence would be lost destroyed or removed during the time required to obtain A search warrant. Therefore four-day search is unreasonable.