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Exigent Circumstances Don't Save Warrantless Search of Home

By Jonathan Byrne

US v. Mowatt: Mowatt was at his apartment when police came and knocked on the door. The police were sent there after receiving complaints about loud music and the odor of marijuana. After they knocked, the officers heard someone moving around inside. The music was turned down and they could hear the sound of an aerosol being sprayed. Mowatt talked the officers, but refused to open the door. After being reported ordered to do so, Mowatt cracked the door, but refused to let the officers inside and asked if they had a warrant. Officers were concerned that Mowatt might have a weapon in his hand, as it was shielded from view. They then forced their way into the apartment and wrestled Mowatt to the floor. He wasn't holding anything in his hand...continue to full post

Full post as published by Fourth Circuit Blog on January 28, 2008 (boomark / email).