Ian Lydon v. Commonwealth, Opinion Reversing and Remanding,
To be Published
On a grant of discretionary
review, Lydon argued that the circuit court erred in affirming the district
court’s decision overruling his motion to suppress evidence observed and
photographed when police entered his home without a warrant. The subject incident
occurred when officers were looking for a juvenile who was involved in an
incident earlier that day, and they received information that the juvenile was
at appellant’s apartment. The officers conducted a knock and announce at the
front door of appellant’s apartment. Lydon was confronted about the missing
juvenile and the smell of marijuana. Before Lydon could answer, the officers
entered the home.
The Court of Appeals noted that the only indicia of criminal
activity at the time of entry was the odor of burning marijuana, which can
create probable cause but is insufficient, by itself, to create exigent
circumstances justifying a warrantless entry. By the time the officers saw the
juvenile for whom they were searching, they had exceeded the bounds of their knock
and talk and were in a place they had no legal right or justification to be.
Bill Maddox represented Mr.
Lydon in district court and circuit court
Erin Yang represented Mr.
Lydon on the Court of Appeals
