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CA9: Hostage situation is per se exigent circumstance

By John Wesley Hall, Jr.

Search of a stash house for hostages was on exigent circumstances, so police did not have to plan in advance to get a search warrant. [“Standing” was an issue, but it did not have to be decided.] United States v. Mancinas-Flores, 2009 U.S. App. LEXIS 26164 (9th Cir. December 2, 2009): In light of the principle that an ongoing hostage situation presents exigent circumstances, we find that the search of the stash house was reasonable. In the original phone call, the smugglers threatened to kill and rape the hostages if the ransom remained unpaid. The smugglers agreed to give family members until October 10th to pay the ransom before harming the hostages, but ICE did not locate the stash house until October 10th, and thus time was running out...continue to full post

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