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CA9: Fire in burn barrel was exigent circumstance when defendant knew police were closing in

By John Wesley Hall, Jr.

Defendant was found to have child pornography on his work computer, and the police had admissions that there would be some at home. While waiting for a search warrant, the police went to his house and saw a burn barrel in the backyard with a fire going. That was an exigent circumstance to enter without the warrant. United States v. Rodriguez, 2009 U.S. App. LEXIS 8158 (9th Cir. April 17, 2009) (unpublished). Defendant argued his detention in somebody else's apartment was overlong, but the Ninth Circuit found that it was by consent and purged the taint, if it was overlong. At one point, the defendant actually left the apartment and came back, so how could it be a command to stay? United States v. Monroe, 2009 U.S. App. LEXIS 8214 (9th Cir. April 20, 2009) (unpublished)...continue to full post

Full post as published by Fourth Amendment on April 23, 2009 (boomark / email).