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Missing gun and confederate was exigent circumstance for warrantless entry into defendant's motel room

By John Wesley Hall, Jr.

There were exigent circumstances for the warrantless entry of defendant's hotel room after his arrest outside because of a missing gun and likely confederates having access to them. United States v. Granados, 2008 U.S. Dist. LEXIS 90044 (D. S.D. November 4, 2008): Exigent circumstances also supported the warrantless entry into Granados' hotel room. The task force reasonably believed that it was necessary to immediately arrest the person traveling with Morales to protect public safety. Morales was known to have had guns and a knife in the past, and no weapons were found on his person or in the Expedition after he was arrested. Morales had located and visited the CI's family seeking payment for a past delivery of marijuana. The controlled transaction took place on a Saturday evening while hotel guests and employees were moving about the hotel and parking lot and civilians were sitting alongside the street near the Kelly Inn to watch a motorcycle event...continue to full post

Full post as published by Fourth Amendment on November 10, 2008 (boomark / email).