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CA5: Essentially, hostages = exigent circumstances

By John Wesley Hall, Jr.

Officers had exigent circumstances for an entry. [With all the laboring to find justification, the fact of “hostages” one would think would be enough.] Also, exigent circumstances were not manufactured. United States v. Flores-Castaneda, 2010 U.S. App. LEXIS 13786 (5th Cir. June 28, 2010) (unpublished):* In this case, agents testified that (1) a cell phone associated with the alien smugglers was inside the residence, (2) alien smugglers generally employ guns in their trade; (3) after the agents knocked on the door, they heard movement inside but Flores-Castaneda did not open the door for approximately two minutes, which seemed long to the officers; and (4) a man inside the residence spotted the agents, turned, and ran back into the interior of the house despite the agent's request for the man to return to the door...continue to full post

Full post as published by Fourth Amendment on July 08, 2010 (boomark / email).