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LA5: Exigent circumstances on arrival continued for hours, so warrantless entry justified

By John Wesley Hall, Jr.

Police arrived at a domestic disturbance with reports of a gun fired inside a FEMA trailer. They waited to enter until the children came out, which took quite awhile. Nevertheless, the delayed entry was still with exigent circumstances. State v. Berry, 2008 La. App. LEXIS 979 (5th Cir. June 19, 2008), released for publication September 15, 2008: On review, we find that the entry was justified by exigent circumstances. Although the officers were prepared to and did wait hours after the other family members exited the trailer, the circumstances were exigent from the moment of their arrival. The officers were trying to avoid a violent confrontation that could have injured them and others at the scene. Deputy Williams testified regarding the danger they faced in walking into a trailer in this situation, since they believed Berry was armed...continue to full post

Full post as published by Fourth Amendment on October 08, 2008 (boomark / email).