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CA11: Govt. persuades court that significant sales from premises was exigency

By John Wesley Hall, Jr.

Sole exigency here was that cocaine was being cooked up in defendant’s house and sold (thus “removed”) quickly, and that was sufficient to overcome not getting a search warrant before the entry. United States v. Walker, 2010 U.S. App. LEXIS 15876 (11th Cir. July 30, 2010) (unpublished)*: Walker argues that the government failed to establish an objective basis supporting the detectives' fear that the evidence would quickly be sold. However, the district court credited the detectives' combined training and experience, together with their personal experience buying crack from Walker's home, and found that the detectives had a sufficient, objective basis for believing that the drugs would likely be removed from the home before they could obtain a search warrant...continue to full post

Full post as published by Fourth Amendment on August 02, 2010 (boomark / email).