State v. Pierce

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of one count of possession of child pornography and sentencing him to fifteen years’ imprisonment.On appeal, Defendant argued (1) the circuit court erred in overruling his motion to suppress evidence because the State failed to prove by a preponderance of the evidence that his consent to the search of his home was voluntary or that exigent circumstances existed warranting officers’ warrantless entry into his home; and (2) he was sentenced based on the circuit court’s “materially false understanding of the possible range of punishment.” The Supreme Court held (1) assuming, without deciding, that Defendant’s consent to the search was not freely and voluntarily given, application of the exclusionary rule was not appropriate because the officers had no knowledge that the search was unconstitutional; and (2) the record did not support a conclusion that the circuit court imposed sentence based on a mistaken belief. View "State v. Pierce" on Justia Law