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CA3: Pointing gun at officers during knock-and-talk was exigency

By John Wesley Hall, Jr.

Defendant’s opening door during a knock and talk pointing a gun out the door was exigent circumstances for an immediate entry to disarm him. United States v. Butler, 2010 U.S. App. LEXIS 26386 (3d Cir. December 28, 2010) (unpublished) [This case was pending 43 months.] The off-site search of defendant’s computer for child pornography was not unreasonable because it would take too long. United States v. Botta, 2010 U.S. App. LEXIS 26357 (9th Cir. December 8, 2010) (unpublished).* Defendants were stopped for following too close and there was reasonable suspicion from the totality of the circumstances. The officer’s admittedly “friendly tone” was not constitutionally suspect. Consent to search led to a hidden compartment, and the consent was valid...continue to full post

Full post as published by Fourth Amendment on January 01, 2011 (boomark / email).