CO: Second entry after seeing a dead dog in def’s yard was without exigency and suppressed

The officer’s first approach to defendant’s door was a knock-and-talk, and he could see a dead dog which he checked on and confirmed. The trip to the front door was not to gather information en route. The warrantless entry coming back to attend to the dead dog, however, was unreasonable, and it was not harmless beyond a reasonable doubt. Any exigency was over. People v. Gillespie, 2024 COA 98, 2024 Colo. App. LEXIS 1089 (Aug. 29, 2024).

“Here, there is no question of the adequacy of the state law remedy. Petitioner moved and fully litigated the Fourth Amendment issues through a hearings court and both levels of state appellate review. The New York Court of Appeals, in fact, granted leave to appeal this issue and wrote a detailed decision on it. Under these circumstances, and applying the authorities, the state courts have provided a full and fair opportunity to raise his Fourth Amendment claim, and there is no reason for this Court to exercise its discretion by undertaking a further level of review.” [He just disagrees with the result there and essentially is appealing it to federal court.] McMillan v. Shanley, 2024 U.S. Dist. LEXIS 155784 (E.D.N.Y. Aug. 28, 2024).*