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CA9: Police had no exigent circumstances for entry into house where gun was fired where there was no indication anyone inside was injured

By John Wesley Hall, Jr.

Defendant discharged a gun in his house, and he was in custody. The police had no reason to believe there was anyoneelse ithe house, let alone injured in the house, so the suppression order was affirmed. United States v. Espinoza, 2010 U.S. App. LEXIS 23573 (9th Cir. November 16, 2010) (unpublished): The government's argument is not supported by the record. At the time of the entry into Espinoza's house, Espinoza was in custody and detained in the back of a police car. Neighbors had reported that Espinoza lived alone, and no one reported seeing or hearing anyone besides Espinoza inside the house. When the police arrived, they did not see anyone enter the house or hear any other voices coming from inside. In short, there were no facts upon which an officer could base a reasonable belief that an emergency existed after Espinoza was in custody...continue to full post

Full post as published by Fourth Amendment on November 19, 2010 (boomark / email).