Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA10: 911 call of man in house threatening occupant justified entry under Michigan v. Fisher

By John Wesley Hall, Jr.

911 call of man threatening a woman with a gun justified entry of the home under Michigan v. Fisher. United States v. Porter, 2010 U.S. App. LEXIS 2681 (10th Cir. February 9, 2010). Defendant’s consent was shown to be valid. He had been Mirandized but not informed of his right tor refuse a search. United States v. Vongxay, 2010 U.S. App. LEXIS 2682 (9th Cir. February 9, 2010).* Knock-and-talk was valid, and defendant consented to entry and produced a gun already in plain view without prompting. United States v. Parker, 2010 U.S. App. LEXIS 2655 (10th Cir. February 9, 2010)*: "Can we come in and talk to you?" ... [¶] Parker inquired whether the officers had a warrant. The officers responded that they did not have a warrant. Parker then stated: "Yeah, you can come in...continue to full post

Full post as published by Fourth Amendment on February 13, 2010 (boomark / email).