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E.D.Wis.: Unarticulable exigency for entry into the home made entry invalid

By John Wesley Hall, Jr.

The officers’ first entry into defendant’s premises was without exigent circumstances which were not articulated. Therefore, the entry in violation of the Fourth Amendment. A second entry was valid. United States v. Medina, 2011 U.S. Dist. LEXIS 25965 (E.D. Wis. March 11, 2011), adopting R&R 2011 U.S. Dist. LEXIS 25597 (E.D. Wis. January 13, 2011): The government also asserts that exigent circumstances existed because Agent Hale was concerned about officer safety, but does not elaborate on the basis for that concern. This is especially relevant because at the time of Special Agent Hale’s entry, all of the agents on the scene were on the street and not in the residence. They had already detained all the individuals on the street...continue to full post

Full post as published by Fourth Amendment on March 18, 2011 (boomark / email).