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Report of man inside with a gun permits officers to enter in a protective sweep after he comes out

By John Wesley Hall, Jr.

Police received a domestic disturbance call. At the scene, they were told that the defendant had people held inside against their will. When he finally came out, the police were permitted by exigent circumstances to enter to check for others who might have been held or other suspects. Plain view supported the seizure. United States v. Adkins, 2008 U.S. Dist. LEXIS 97934(W.D. Mo. December 2, 2008).* Defendant's arrest for a drug offense while on parole justified this parole search. (Applicaiton of Samson saved for another day.) United States v. Watts, 2008 U.S. App. LEXIS 24540 (2d Cir. December 3, 2008)* (unpublished).

Full post as published by Fourth Amendment on December 07, 2008 (boomark / email).