SUPREME COURT TOSSES DRUG CASE OVER ILLEGAL SEARCH

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.