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CA10: Defendant's saying he had ?something on him? meant a gun and that was exigent circumstances here

By John Wesley Hall, Jr.

Whether defendant’s apartment entry way was a public place was brief but did not have to be decided because the officers had exigent circumstances from defendant’s admission he had “something on him.” United States v. Martin, 2010 U.S. App. LEXIS 15778 (10th Cir. July 30, 2010)*: First, the arresting officer testified that, based upon his experience, when a suspect states that he has “something on him,” that usually means “he has a gun.” ... No one seriously disputes as much. Before entering the building, then, the officers had come face to face with a man who had likely shot someone else earlier in the day, who claimed he had a gun on him, and who, after being told to place his hands on the wall, dropped his hands from sight...continue to full post

Full post as published by Fourth Amendment on August 03, 2010 (boomark / email).