Supreme Court of Connecticut

State of Connecticut v. Gary Ryder — Eveleigh, J., dissenting

August 9, 2011301 Conn. 810

Summary

Justice Eveleigh, joined by Chief Justice Rogers, would have declined to review the defendant's curtilage-based challenge because it was not preserved in the trial court, raised in the Appellate Court, or included within the certified question. Even assuming review was proper, he would have concluded that the officer had an objectively reasonable basis to believe that a missing minor inside the residence needed immediate aid, thereby justifying the warrantless entry under the emergency exception. Justice Rogers, dissenting separately, agreed with the proposed disposition but concluded that the curtilage issue was preserved and adequately supported by the record.