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State v. Seavey12/19/2001
y could not find anybody. Thereafter, Officer Bernard assisted with the search and found the defendant with Joyce in the bathroom tub. After directing the defendant and Joyce to come out of the tub, Officer Bernard asked the defendant, "Why did you leave the scene of the accident?" She replied, "I am afraid of you guys." When Officer Bernard noticed the cuts on her knees, he did not question her further but "felt i would be best if the rescue personnel attend to her." These facts demonstrate that the rescue personnel and Officer Bernard were not primarily motivated by an intent to arrest and seize evidence.
Other courts have applied this standard and determined a warrantless entry was justified by the emergency aid exception under similar circumstances. See, e.g., City of Fargo, 522 N.W.2d at 178-79 (holding warrantless entry justified when police learned defendant involved in a car accident resulting in a cut on to his right cheek and visible damage to the car). But cf. Com. v. DiGeronimo, 652 N.E.2d 148, 154-56 (Mass. App. Ct. 1995) (holding warrantless entry not justified when police learned defendant involved in a car accident but reportedly was uninjured, then waited fifty minutes at accident scene before going to defendant's home, and upon finding the defendant "made no inquiry whether was injured or required assistance"). Accordingly, I would hold that the entry in this case was also justified under the emergency aid exception to the warrant requirement.
DALIANIS, J., joins in part I of the dissent.
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