New Mexico Court of Appeals April 20, 2001, 20,637 (State v. Nemeth)

OPINION

SUTIN, Judge.

{1} In this appeal we address the issue whether a non-eonsensual warrantless entry by police officers into a private residence on a possible suicide call is constitutionally permissible under a community caretaker doctrine. We also examine whether the entry, which preceded a battery on one of the police officers, was within the lawful discharge of a police officer’s duties.