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ND: Strong ammonia smell in apartment building was emergency; fire department on hand

By John Wesley Hall, Jr.

Residents in an apartment complex complained of a strong ammonia smell, and the landlord tried to find the smell and couldn’t. He called the fire department for assistance, and they narrowed it down to defendant’s apartment. They considered it an emergency The landlord used his key to open the door, and defendant was standing there, and the smell of ammonia “poured out.” The firemen entered and found a meth lab. The entry was valid under exigent circumstances, and the police were called when it was determined to be a meth lab. State v. Huber, 2011 ND 23, 2011 N.D. LEXIS 16 (February 8, 2011): [*P21] Firefighter Bitz’s testimony reflects two key facts about the search of Huber’s apartment. First, it reflects the firefighters were concerned with locating the odor’s source...continue to full post

Full post as published by Fourth Amendment on February 13, 2011 (boomark / email).