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Guns and exigent circumstances

By John Wesley Hall, Jr.

Officer saw a cocked gun in defendant's yard by looking over the fence, and there was a 7 year old child in the yard. The entry into the yard was justified by exigent circumstances. People v. Chavez, 2008 Cal. App. LEXIS 557 (3d Dist. March 27, 2008), ordered published April 17, 2008: The People first contend that no search occurred because Officer Leahy observed the revolver in plain sight while lawfully positioned in defendant's front yard in an area open to the public. Secondly, the People contend that the subsequent warrantless entry into defendant's side yard was justified by the exigency of a cocked revolver at a residence with a seven-year-old child. We agree with the People that Officer Leahy's observations of the gun from over the fence did not amount to a search and his subsequent entry into defendant's yard was justified by exigent circumstances...continue to full post

Full post as published by Fourth Amendment on April 18, 2008 (boomark / email).