Monday, May 23, 2005

US v. Martinez

No. 04-30098 (5-16-05). The 9th finds that an officer can enter a house without a warrant under an emergency exception. Here, the officer was dispatched pursuant to a 911 call for a domestic disturbance. He arrived at the apartment complex, and recognized the female as having been abused in the past. She was huddled on the lawn, crying and shaking. The officer heard screams and yells from inside the unit, and he was concerned that the person was hurting himself or someone else. The officer went in, and found the defendant reaching under the bed. Concerned, the officer had him go to the living room, where the officer noted a couple of shotguns on the coach. The defendant said that eh was trying to get rid of them. It turned out that he had a felony and was on probation. The 9th had little trouble finding that an emergency exception was appropriate in this case, especially under the circumstances.


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