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Disconnected 911 call was basis for knocking on door which opened and officers could step inside

By John Wesley Hall, Jr.

"[A]t 5 A.M. on January 1, 2005, an unidentified 'very hysterical sounding' male called the Fort Hall Police Department. The caller screamed something to the effect of '[g]et the cops here now' or '[g]et the cops now' to the residence of Dennis Snipe, Sonny's father." The call was disconnected. The police arrived, knocked on the door, and it swung open. They stepped inside and saw drugs and a firearm in plain view. That was the basis for a search warrant, and Brigham City made the entry lawful. United States v. Snipe, 2008 U.S. App. LEXIS 1794 (9th Cir. January 28, 2008). Defendant's assertions that defense counsel failed to properly present standing in the face of a Carter claim by the government that the presence on the premises was for a criminal enterprise is belied by the record because counsel continually argued standing...continue to full post

Full post as published by Fourth Amendment on January 29, 2008 (boomark / email).