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Danger to informant justified warrantless entry

By John Wesley Hall, Jr.

Informant inside defendant's premises was feared to be in danger, and that was an exigent circumstance for a warrantless entry. United States v. Escobedo, 2008 U.S. Dist. LEXIS 38636 (N.D. Ind. May 12, 2008): If police officers fear for the safety of an informant or other individual, such a concern may justify an entry into an otherwise private area for exigent circumstances. United States v. Williams, 633 F.2d 742, 744 (8th Cir. 1980). The government states that in the present case, law enforcement officers were concerned about the safety of Somers, the possibility that Escobedo and others inside the Downingtown Drive house could escape undetected, and the potential for danger to the suspects, the police, and the public in general if the suspects attempted to flee the home in a vehicle...continue to full post

Full post as published by Fourth Amendment on May 15, 2008 (boomark / email).