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IN: School search lacked RS

By John Wesley Hall, Jr.

Defendant's running to his car after seeing officers and then back to the apartment gave officers reason to believe that destruction of the drugs was going to occur. United States v. Bao Chau Ly, 2009 U.S. Dist. LEXIS 16864 (C.D. Cal. March 5, 2009): Here, exigent circumstances existed because the officers believed that defendant was going to destroy the drugs they suspected were in his residence. At the same time the Pasadena Police stopped Tang, officers observed defendant run out of his residence, go to his car and either place or retrieve something, and run back into the house. They believed, based on defendant's movements, his earlier drug delivery, Tang's communication via cellular telephone, and their experience, that Tang had called defendant and told him that law enforcement suspected that they were engaged in narcotics trafficking...continue to full post

Full post as published by Fourth Amendment on March 08, 2009 (boomark / email).