search warrant needed to enter residence of third party to arrest suspect
How later courts described this case
- search warrant needed to enter residence of third party to arrest suspect
- only probable cause to arrest needed to enter suspect’s home if there is a reasonable belief that he is there
- the photographs depicted "the victims as they were found”
- must look to reasonableness under all circumstances
Written by the judges who cited it.
The opinion
T. GL Kavanagh, J.
{concurring in result). I concur in the result reached by my Brother Adams, but I disagree with his stated reasons.
First, I am satisfied that it was reversible error to admit the photographs of the deceased victims of this crime. They were wholly irrelevant and served no other purpose than to prejudice the defendant.
Second, I am convinced the admission of the defendant’s shoes was reversible error for they were the product of an illegal search and seizure in violation of defendant’s Fourth Amendment rights.
On retrial I would bar the photographs and the shoes.
T. M. Kavanagh, C. J., concurred with T. Gr. Kavanagh, J.