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WI: Running noise inside showed exigency of destruction of evidence

By John Wesley Hall, Jr.

Officers went to defendant’s place based on an informant’s statement he was there dealing drugs and had an outstanding warrant. It was actually a commitment order for unpaid fines. When officers got there and knocked and announced, they heard running sounds inside. They could reasonably believe that the defendant was running to destroy evidence. State v. Robinson, 2010 WI 80, 2010 Wisc. LEXIS 112 (July 15, 2010). Defense counsel was not ineffective for not challenging that search on the ground the officers manufactured exigent circumstances where it was clear there were exigent circumstances. State v. Artic, 2010 WI 83, 2010 Wisc. LEXIS 108 (July 15, 2010).* Officers had a search warrant for defendant’s house, and found him 1½ blocks away...continue to full post

Full post as published by Fourth Amendment on July 19, 2010 (boomark / email).