Ortega v. State

In Ortega v. State, 669 P.2d 935 (Wyo. 1983), law enforcement officials arrested the defendant outside his home after he called and reported shooting his wife. Upon arresting the defendant, one of the officers went inside the home to check on the condition of the victim. The Court held the officer's entry into the home was proper under the emergency assistance exception. Id. at 941. The Court further held once inside the home the police officer was authorized to take cognizance of items within plain view. He was entitled, the Court said, to see what came into his field of vision while he was where he had a right to be. So long as the initial intrusion was justified, "the police while within the legitimate scope of their entry may search the premises with their eyes." Id.