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S.D. Fla.: Neighbor's tip householder might be in distress with moaning sounds and a foul smell from inside was exigency

By John Wesley Hall, Jr.

There were exigent circumstances for entry into defendant’s home by the police where they received a tip that he might be inside in distress by a neighbor, they knocked repeatedly and got no answer, and then heard moaning from inside and a foul odor suggesting a death. United States v. Smith, 2010 U.S. Dist. LEXIS 103324 (S.D. Fla. September 17, 2010).* Defendant consented to a search of his barracks computer for child pornography, and that supported the conclusion that defendant should be discharged from the military for conduct prejudicial to the military. United States v. Phillips, 2010 CCA LEXIS 346 (N.-M. Ct. Crim. App. September 28, 2010).* While search incident would not support the search of defendant’s car, the automobile exception did...continue to full post

Full post as published by Fourth Amendment on October 06, 2010 (boomark / email).