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911 call of man with a gun and an argument was exigent circumstances

By John Wesley Hall, Jr.

911 call about man with a gun from an identified source was exigent circumstance for entry. United States v. Sodagar, 2008 U.S. Dist. LEXIS 60566 (N.D. Ill. July 23, 2008): The government relies on the "risk of danger" exigency. See Brigham City, 547 U.S. at 403 ("[o]ne exigency obviating the requirement of a warrant is the need to assist persons who are seriously injured or threatened with such injury."); United States v. Kempf, 400 F.3d 501, 503 (7th Cir. 2005) ("[a]n example of exigent circumstances is when police reasonably fear for their safety or the safety of someone inside the premises."). The Seventh Circuit has explained that "911 calls reporting an emergency can be enough to support warrantless searches under the exigent circumstances exception, particularly where, as here, the caller has identified himself...continue to full post

Full post as published by Fourth Amendment on August 13, 2008 (boomark / email).