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CA4: Entry into bathroom was based on exigent circumstances

By John Wesley Hall, Jr.

Officers were in plaintiff’s house because of a domestic disturbance call. Entry into plaintiff’s bathroom to seize him and potentially disarm him was justified by exigent circumstances. Trull v. Smolka, 2011 U.S. App. LEXIS 3404 (4th Cir. February 18, 2011) (unpublished)*: The officers were at the residence responding to a domestic situation, Trull refused to exit the bathroom to talk with them, and they were under the impression that there may have been a gun somewhere in the residence. The officers were justified in concluding that a person involved in a marital spat, who was refusing to speak with officers, could be a threat to them while they were in the home discussing the dispute with his wife. Under these circumstances, the officers were also correct in concluding Trull could be a threat to himself...continue to full post

Full post as published by Fourth Amendment on February 22, 2011 (boomark / email).