Evidence Could be Thrown Out in Child Neglect Case
Thursday, August 30th, 2012 -- 10:36 AM
-A Loyal woman made an appearance in Clark County Court on Wednesday for charges of child neglect.In March of this year, a young boy was found walking the streets of Loyal, partially clothed.
When police went looking for the boy?s mother, they found Miranda Dolle asleep in her bed, unaware the child had left.
During the motion hearing, Assistant District Attorney, Richard Lewis, interrogated Matthew Prein, the police officer that was called after the child was discovered.
Lewis said that Officer Prein had every right to enter the home of Dolle to find out about the welfare of the child?s parent, especially since the apartment door was open. Defense attorney Damon Stichert, said that a warrant should have been obtained as there was nobody asking for assistance and nobody needed help.
Judge Jon Counsell agreed with Lewis saying he had a right to enter the home under the Community Caretaker Function. However, after Officer Prein discovered that the mother was okay, any searches, interviews, etc, should have been conducted after a warrant was obtained. Therefore, the evidence could be thrown out.
The future of that evidence regarding whether or not it can be used will be determined in October.
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