A district court judge was correct in ruling that evidence found at the home of a Burleigh County sheriff’s deputy and used to prosecute him was gathered legally, the North Dakota Supreme Court ruled Thursday.
Kerry Komrosky, 32, was charged in April 2018 after investigators found 2.9 pounds of methamphetamine and 47 grams of cocaine in his Lincoln home. The drugs were connected to the Metro Area Narcotics Task Force, with which he had served.
Komrosky’s supervisor went to his home after he did not return to work from lunch and a haircut and didn’t respond to calls. His supervisor -- who had concerns about Komrosky’s mental state -- entered the home after knocking and shouting for him. While there, he found a broken light bulb which contained methamphetamine residue.
The Supreme Court ruled the supervisor had “a reasonable basis to believe that there was an ongoing emergency” before he entered the home and that his inspection of the broken bulb “was not an independent search requiring probable cause.”
Komrosky signed a conditional plea to amended charges in October 2018 and was sentenced in January to 2 ½ years in prison for felony theft of property and less than a year for two misdemeanor drug offenses. Custody records indicate he was paroled in late August.
Komrosky's conditional plea allowed him to appeal a judge's denial to suppress the evidence found in his home and, if successful, withdraw his plea.
Komrosky's attorney did not immediately respond to a request for comment Thursday.
Reach Travis Svihovec at 701-250-8260 or Travis.Svihovec@bismarcktribune.com
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