ND: Emergency entry into on-duty police officer’s home was reasonable when he didn’t come back from extended lunch break and patrol car was outside running and he didn’t answer radio, phone, or door

Defendant was a police officer who sought and was allowed a two hour lunch break. When he didn’t come back from lunch and he didn’t answer his radio or cell phone, the department dispatched another officer to his house. Outside, he found the patrol car running with the driver door open. The officer repeatedly knocked at the door and got no answer. Defendant’s dogs were barking at the knock. He entered and called out. No answer. The officer responding was concerned because defendant was in “a dark place” because of work issues. The dogs seemingly were leading him upstairs. Upstairs, he could hear his calling on the radio. He finally found defendant coming out a room disheveled. He told defendant to get his gear and come downstairs. While waiting, he found a broken light bulb. He looked around and saw no missing bulbs. He picked up a piece of the bulb and later it was tested for drugs, and it came back positive for methamphetamine. A search warrant was later obtained for the house. The entry was a legitimate emergency entry since defendant wasn’t responding to his radio and his patrol car was outside with the engine running, apparently for over two hours. The light bulb was in plain view, and the seizure of the piece was reasonable. State v. Komrosky, 2019 ND 300, 2019 N.D. LEXIS 299 (Dec. 12, 2019).