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D.Mass.: Possibility of domestic shooting justified entry

By John Wesley Hall, Jr.

The entry into the house here was with exigent circumstances. The information collected at the scene created a reasonable possibility that there had been a shooting during a domestic dispute, and the police went in to check on it. Inside, they found marijuana plants which led to this forfeiture action. United States v. 5 Anchor Drive, Sandwich, Massachusetts, 2011 U.S. Dist. LEXIS 13610 (D. Mass. February 1, 2011)*: In this case, the circumstances demanded immediate action that rendered reasonable the warrantless search of the house at 5 Anchor Drive. The police had received two reports of gunshots and they learned that the owner of the house, Tracy Harsh, held a firearm license. Despite diligent efforts, they were unable to contact her. Then Baker, who claimed to be the owner and sole occupant, arrived with two friends and told a suspect story about an earlier appearance of two women in need of a telephone and a man waving a gun...continue to full post

Full post as published by Fourth Amendment on February 15, 2011 (boomark / email).