Pubdate: Thu, 04 Jun 2015
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2015 Associated Press
Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24
Author: Bob Christie, Associated Press

STATE HIGH COURT LIMITS WARRANTLESS SEARCHES

The Arizona Supreme Court ruled Wednesday that police can't search a 
home without a warrant to address a possible safety issue unless 
there's a true emergency that could affect the public.

The high court refused to overturn a lower court opinion that 
rejected an effort by prosecutors to expand the exemptions police can 
use to avoid having to obtain a search warrant from a judge.

The decision stems from a 2011 case in which police were called to a 
home in the Navajo County community of Taylor by neighbors who said a 
man was acting strangely. The home's resident, Bradley Harold Wilson, 
told paramedics who accompanied police to his house that he had a jar 
of mercury in the house that could poison others.

Wilson was taken to a hospital, but officials later went inside 
without a warrant looking for the mercury. The officer spotted 
marijuana plants and Wilson was charged with growing marijuana.

Wilson's lawyers tried to have the evidence thrown out at trial 
because police didn't have a warrant, but a Navajo County Superior 
Court judge convicted Wilson after a bench trial and put him on 
probation for two years.

The Arizona Court of Appeals threw out the conviction, saying the 
evidence of growing should have been excluded.
- ---
MAP posted-by: Jay Bergstrom