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CA8: Disturbance call led to valid police entry because officers were unsure of the safety of defendant's girlfriend

By John Wesley Hall, Jr.

Police responded to a disturbance call at defendant's residence. A window beside the door was broken and the officers heard yelling from inside the residence. Defendant appeared at the window, visibly impaired and agitated, and said that he and his girlfriend were arguing, but the officers were unable to see the girlfriend. Officers told him to come back to the window, but he refused. This was exigent circumstances to enter. United States v. Tennis, 2009 U.S. App. LEXIS 1966 (11th Cir. January 28, 2009) (unpublished).* Pretext challenge failed, and there was a factual basis for the stop. The consent was valid. United States v. Suarez, 2009 U.S. App. LEXIS 2007 (4th Cir. January 30, 2009) (unpublished).* "The strange movements in the car [during the traffic stop], combined with Defendant's nervousness, were sufficient to give the Officers a reasonable suspicion that the vehicle's occupants were attempting to hide something, particularly a weapon of some sort...continue to full post

Full post as published by Fourth Amendment on February 05, 2009 (boomark / email).