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CA8: Smell of working meth law was exigent circumstance

By John Wesley Hall, Jr.

CI told police about defendant's meth lab at home. Police went there without a warrant and could smell it from outside. They had PC and exigent circumstances for a warrantless entry. United States v. Clarke, 2009 U.S. App. LEXIS 9913 (8th Cir. May 8, 2009): Exigent circumstances also existed. Because the officers had probable cause to believe methamphetamine was being produced in Clarke's home, the officers reasonably concluded there was a potential threat to the safety of the officers, anybody inside the home, and anyone in the surrounding area. See United States v. Walsh, 299 F.3d 729, 734 (8th Cir. 2002) (declaring, "[o]ur court has consistently considered safety factors in determining whether exigent circumstances existed," and "[t]he potential hazards of methamphetamine manufacture are well documented, and numerous cases have upheld limited warrantless searches by police officers who had probable cause to believe they had uncovered an on-going methamphetamine manufacturing operation")...continue to full post

Full post as published by Fourth Amendment on May 11, 2009 (boomark / email).