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S.D.N.Y.: Possible unknown escape route with weapons present was exigent circumstances

By John Wesley Hall, Jr.

Exigent circumstances for a warrantless entry in a kilo heroin case was present from the presence of weapons and a possible unknown escape route[!]. United States v. Mendoza, 2009 U.S. Dist. LEXIS 68718 (S.D. N.Y. August 6, 2009): Analysis of the balance of the Second Circuit's illustrative guideposts for determining whether exigent circumstances justify warrantless entry supports the lawfulness of the agent's entry into the home in pursuit of Mendoza. First, the Second Circuit has found that suspected sale of large quantities of drugs is a "serious" offense -- and the transaction alleged here was to be for nearly a kilogram of heroin. See Gordlis, 982 F.2d at 69; MacDonald, 916 F.2d at 770. Second, although the agents testified that they observed no weapons in the course of the operation that led to Mendoza's arrest, Tr...continue to full post

Full post as published by Fourth Amendment on August 08, 2009 (boomark / email).