State v. Hunt

2 Ariz. App. 6, 406 P.2d 208 (1965)

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State v. Hunt

Arizona Court of Appeals
2 Ariz. App. 6, 406 P.2d 208 (1965)

Facts

Christina Hengsteler was cleaning the house of Ernestine Hunt (defendant) when she found Hunt’s daughter, Tina, in the furnace room, whimpering and crying. Tina’s hands were tied behind her back, and she had blood and strap marks on her face. Tina told Hengsteler that Hunt had hit her with a belt. Hengsteler left the house and called the police. Detective Bernal responded to the call. Bernal, without an arrest warrant or a search warrant, went to the Hunt house with the purpose of investigating Hengsteler’s claims and taking protective custody of Tina, if necessary. Bernal spoke to Hunt, who admitted that Tina was in the furnace room. Bernal asked to see Tina, and Hunt told him to come inside. Bernal followed Hunt to the darkened furnace room, where he saw Tina, hands tied behind her back, with bruises on her face. During his visit to the Hunt residence, Bernal gathered evidence including Tina’s statement, Hunt’s statement, a photograph of Tina, and notes containing his observations. Hunt was charged with assault and battery and abuse. Hunt filed a pretrial motion to suppress Bernal’s evidence, arguing that because Bernal did not have a search warrant or consent to search the property, the search violated Hunt’s right to be free of unreasonable search and seizure of her home. The state (plaintiff) argued that the evidence was not subject to Fourth Amendment protection.

Rule of Law

Issue

Holding and Reasoning (Gordon, J.)

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