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CA6: PC explosives were in a storage building allowed the officers to tell the unit owner to see if he would open it

By John Wesley Hall, Jr.

Officers reacted reasonably to their belief that there were explosives in a storage unit. While they talked to the storage company operator and he opened it, they could look inside without entering and they saw boxes marked "explosives." A dog was called to sniff for explosives, and drugs were found. A warrant was obtained. Under the circumstances, once they had reason to believe their were explosives inside, the owner could do what he wanted. "Indeed, the owner testified that 'I have the right to go into that unit if there's any--you know, if there's any emergency or anything of that nature or if there's any reason to believe that there's something, I guess, there that shouldn't be there.' In our view, the exigencies of the circumstances in fact would seem to require it...continue to full post

Full post as published by Fourth Amendment on February 24, 2009 (boomark / email).