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Arrest of co-conspirator outside of a drug house gave exigent circumstances for search

By John Wesley Hall, Jr.

Probable cause and exigent circumstances existed for a search of the house because of drug sales going on around it by people residing there and because of the arrest of one of them outside. That led to a search warrant of the house which was also supported by independent information as to what was inside. United States v. Handberry, 2008 U.S. Dist. LEXIS 51372 (E.D. N.C. July 7, 2008): Turning now to the second prong of the argument, namely, where probable cause to believe that illegal activity was afoot at the Bonner Street residence, whether exigent circumstances justified the warrantless entry. "It is well established that even when officers have probable cause to believe that contraband is present in a home, a warrantless search of the home is unlawful unless exigent circumstances exist at the time of entry...continue to full post

Full post as published by Fourth Amendment on July 09, 2008 (boomark / email).