The Nevada Supreme Court Thursday tossed a drug conviction against a Reno man, ruling that the forcible, warrantless entry by police into his home was not justified.
Sean Andrew Hannon was convicted of drug possession in a case filed after police responded to a domestic disturbance call at his apartment.
The disturbance was a loud verbal argument between Hannon and his girlfriend Lea Robinson. When officer Eric Friberg arrived, the woman assured him she was OK and no one inside was injured.
The officer said he needed to come inside and check but was denied permission by both Robinson and Hannon. As he and another officer forced their way in, Hannon went to the kitchen and put a bag in a cupboard.
Friberg testified he forced his way into the apartment not because of Hannon's actions but to protect the safety of the occupants.
He then called for a search warrant. Hannon finally gave him permission to search after expressing concern the officers would "tear up" the house if they got a warrant to search.
The officers recovered a pillowcase sized bag of marijuana from the cupboard and charged Hannon with possession.
The district court rejects Hannon's motion to suppress the evidence but was denied. He pleaded no contest and was convicted of the crime.
On appeal, the high court ruled the officer didn't have sufficient reason to force his way in without a warrant.
"Even if there was initial reason to believe that Hannon or Robinson may have been injured, Officer Friberg's concerns should have been allayed after interviewing Hannon and Robinson at the door," the opinion states.
The court also pointed out the fight was over and the apartment quiet when they arrived, that the domestic disturbance "by all accounts, seemed to have already dissipated."
The opinion says the police had no reason to believe either had been injured and absolutely no evidence to believe there was anybody else inside.
"We conclude that the warrantless entry into Hannon's apartment was not justified by an objectively reasonable belief that there was an immediate need to protect the occupants of Hannon's apartment."
The three judge panel consisting of justices Ron Parraguirre, Michael Douglas and Kris Pickering overturned the conviction.