LA4: Calling police to a dead body in your home and then letting them in is consent

“Defendant called the police to report that he found his friend dead in the residence. The call was dispatched as an unclassified death. Det. Gex was the only responding police officer who testified. He arrived at the scene between 8:00 and 8:30 a.m. and was admitted into the residence by defendant. He said he ascertained that the victim was in fact deceased. He said he also did a walkthrough of the residence to make sure there was no crime scene. The victim was lying on the floor in the second room of the residence, used as bedroom. He walked from that room to the rear of the house ‘to again see if there’s any evidence, see if anybody else was in the house or any other witnesses, things of that nature.’ He said the home was neat and nothing seemed out of place except for the deceased.” A search warrant was hardly required because of consent to enter and investigate. State v. Luzzo, 2017 La. App. LEXIS 344 (La.App. 4 Cir. March 1, 2017). [Note: The court unnecessarily discusses the purported "murder scene exception" cases and then gets to the nut of the case: consent.]

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