P. v. Southerd
Codefendants and roommates Ray Panagiotis Southerd and Jacob Douglas Wheldon pled no contest to marijuana charges following the denial of a motion to suppress evidence found during a search of their apartment. On appeal, Southerd contends (1) the officers did not have probable cause to believe Southerd resided at the apartment before they entered, (2) the knock-and-talk procedure did not result in consent for the officers to enter the apartment, (3) no exigent circumstances justified the entry, and (3) no legitimate justification supported a protective sweep. Wheldon contends (1) the officers did not have probable cause to believe Southerd resided at the apartment before they entered and (2) the knock and talk rule did not apply because the officers did not have the honest intent to ask questions. Court affirm.
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