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Exigent Circumstances Justify Warrantless Entry

By Jonathan Byrne

US v. Moses: Moses pleaded guilty to possession with intent to distribute more than five grams of crack and being a felon in possession of a firearm. The evidence against him was seized in two warrantless searches of homes. The police, operating on tips, set up a perimeter around the first home and began to surveil Moses. When Moses eventually left the home, his car was stopped because his license has been suspended. At some point during that stop, Moses made a phone call to his cousin back at the home he'd just left. Police went to the home, an apartment building with two units. Police eventually used Moses's keys to open one unit, fearful that someone might be there destroying evidence. No one was found, but some evidence of narcotics were present...continue to full post

Full post as published by Fourth Circuit Blog on September 09, 2008 (boomark / email).