State v. Snyder (Signed Opinion)Annotate this Case
The Supreme Court reversed Defendant's conviction and sentence for manufacturing a controlled substance, holding that the circuit court erred in denying Defendant's motion to suppress evidence that Defendant argued was the fruit of an illegal entry and search of his home.
Law enforcement went to Defendant's home to serve a domestic violence emergency protective order (EPO) that prohibited Defendant from possessing firearms and provided for the surrender of firearms to the officer serving the EPO. The officers concluded that the EPO served as a search warrant permitting them to enter and search Defendant's home for weapons. When the officers stepped into the residence, they smelled marijuana and performed a protective sweep, including a pat down of Defendant. Defendant filed a motion to suppress the evidence, which the circuit court denied. The Supreme Court reversed, holding (1) an EPO is not a de facto search warrant, and no exception to the warrant requirement applied to otherwise validate the entry into and search of Defendant's home; and (2) therefore, the circuit court erred in denying Defendant's motion to suppress.