The Supreme Court upheld a warrantless emergency search for victims at a house near a brutal sidewalk murder under the "emergency-aid" exception to the warrant requirement.
The officers had reasonable grounds to believe that a burglary was in progress or had recently occurred, the entry was motivated primarily to look for possible victims, and the scope of the search was limited to the emergency."
THE CRIME: Before 6:15 a.m. on July 9, 2003, Lemieux used a baseball bat to rob a 68-year-old newspaper courier, strip him to one sock, and beat his head in on the steps of Teitelbaum's home in Duluth. Investigating officers saw Lemieux leaving the scene in a cab. The cab company reported that the ride had originated at a well-known flophouse where there had been many police calls.
Concerned that the killer may have returned to the flophouse to continue his crime spree, officers visited the home. There was no answer to their knocks on the door, and the telephone had been disconnected. Seeking any additional victims, they entered the building and conducted a "sweep search" for any victims. When they saw Teitelbaum's Food Stamp card in plain sight, they left the building and awaited a warrant.
With the warrant, police found several smears of Teitelbam's blood and DNA, several of Teitelbam's possessions. and Teitelbaum's credit union envelope containing $180 and bearing the fingerprints of both Teitelbaum and Lemieux. Upon his arrest, Lemieux confessed.
Lemieux was convicted of first-degree premeditated murder and sentenced to life in prison.
On January 17, 2007, the Supreme Court rejected Lemieux's direct appeal which had focused solely on the warrantless "emergency aid" search of the flophouse. See here.
The officers had reasonable grounds to believe that a burglary was in progress or had recently occurred, the entry was motivated primarily to look for possible victims, and the scope of the search was limited to the emergency."
THE CRIME: Before 6:15 a.m. on July 9, 2003, Lemieux used a baseball bat to rob a 68-year-old newspaper courier, strip him to one sock, and beat his head in on the steps of Teitelbaum's home in Duluth. Investigating officers saw Lemieux leaving the scene in a cab. The cab company reported that the ride had originated at a well-known flophouse where there had been many police calls.
Concerned that the killer may have returned to the flophouse to continue his crime spree, officers visited the home. There was no answer to their knocks on the door, and the telephone had been disconnected. Seeking any additional victims, they entered the building and conducted a "sweep search" for any victims. When they saw Teitelbaum's Food Stamp card in plain sight, they left the building and awaited a warrant.
With the warrant, police found several smears of Teitelbam's blood and DNA, several of Teitelbam's possessions. and Teitelbaum's credit union envelope containing $180 and bearing the fingerprints of both Teitelbaum and Lemieux. Upon his arrest, Lemieux confessed.
Lemieux was convicted of first-degree premeditated murder and sentenced to life in prison.
On January 17, 2007, the Supreme Court rejected Lemieux's direct appeal which had focused solely on the warrantless "emergency aid" search of the flophouse. See here.
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