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WA: Gun seen through window that was suddenly moved was exigent circumstance

By John Wesley Hall, Jr.

Officers had exigent circumstances on the unusual facts of this case that a stolen pressurized tank was found next to defendant's house, and a gun was seen through a window. Then the gun was moved. Officers could reasonably fear the weapon. The facts were "unusual" and "extraordinary." State v. Smith, 2009 Wash. LEXIS 6 (January 22, 2009) (dissent here): ¶18 Under the extraordinary facts of this case, the responding officers identified a legitimate threat to officer and public safety sufficient to constitute an exigent circumstance. Upon arriving at the property, they found a stolen tanker truck parked next to the house, pressure filled with 1,000 gallons of an extremely dangerous chemical. Presumably, someone hiding in the house had stolen the tanker, in a criminal act serious enough to warrant FBI involvement...continue to full post

Full post as published by Fourth Amendment on February 03, 2009 (boomark / email).