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S.D.Fla.: Knock-and-talk led to defendant coming to door with baggie of crack in hand; that's an exigent circumstance for entry

By John Wesley Hall, Jr.

Officers received information that drug dealing was going on at a house, and they went to the premises to conduct a knock-and-talk. While talking to the man that answered the door, the defendant came into view with a baggie of crack in hand. That was an exigent circumstance for an entry. After police entered, consent to search was granted after the occupants were told in writing they could refuse and require a search warrant. United States v. St. Villien, 2010 U.S. Dist. LEXIS 54656 (S.D. Fla. May 17, 2010): The Court emphasized, however, that the exigency which justifies the warrantless entry cannot be one that is created by the police. Thus, in Santa, the Court held that exigent circumstances did not justify the warrantless entry into the defendants' apartment to arrest the defendants where the law enforcement agents had advance notice that the defendants were going to conduct a narcotics transaction with an informant at that location...continue to full post

Full post as published by Fourth Amendment on June 08, 2010 (boomark / email).