entry based upon a concern for the safety of child should have been terminated when the police learned that the child's father was in the home
How later courts described this case
- entry based upon a concern for the safety of child should have been terminated when the police learned that the child's father was in the home
Written by the judges who cited it.
The opinion
NEWMAN, J.,
concurring.
I concur in the majority’s opinion holding that the evidence should be suppressed even assuming that the officers’ initial entry into the house was justified by a concern for the safety of the child. Once Killmon, the child’s father, was found there was no practical necessity for any officer to go farther into the house. See State v. Lowry, 295 Or 337, 347 , 667 P2d 996 (1983).
I also concur, however, in that portion of Judge Buttler’s concurrence that holds that the evidence should be suppressed because the officers’ entry into defendant’s house was unlawful in the first place.