UT: Potentially missing 65 yo man led to welfare check entry of his house at insistence of his mother; “welfare check” entry valid

Defendant was 65, in ill-health, and his mother talked to him every day. When she hadn’t heard from him, she called the police to check on him. At the house, nobody answered the door, the lights were on, there was no car, and the neighbors said they hadn’t seen him in days. “Deputy Johnson called Defendant’s mother to apprise her of the situation. After reiterating her concerns for her son’s health and safety, she implored Deputy Johnson to ‘use whatever means necessary’ to ensure that her son was alright. He complied and entered Defendant’s living room through the open window.” He stumbled into a small grow operation. He applied for a search warrant. The entry was valid under the emergency aid exception. State v. Adams, 2017 UT App 205, 2017 Utah App. LEXIS 211 (Nov. 9, 2017).

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