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E.D.Tex.: Self-created exigency did not justify this warrantless entry

By John Wesley Hall, Jr.

Motion to suppress granted. Officers created their own exigency for this entry by approaching the property in the first place. They had no warrant. United States v. Willis, 2010 U.S. Dist. LEXIS 45902 (E.D. Tex. April 13, 2010): Turning to the present case, the Court finds that if exigent circumstances existed, the exigency was caused by the officers' conduct. Despite somewhat contradictory testimony, the Court credits the officers' belief they were in danger when positioned on Defendant's property. See Rico, 51 F.3d at 501 (finding it reasonable to believe officers were in danger when standing in front yard and residence's occupants were thought to be armed). Based on the officers' testimony, however, the Court fails to find any conduct or actions on the part of individuals on Defendant's property that prompted the officers' decision to approach the residence...continue to full post

Full post as published by Fourth Amendment on May 14, 2010 (boomark / email).