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CA4: Exigencies supported a warrantless entry for drugs and guns

By John Wesley Hall, Jr.

The exigencies of the situation justified a warrantless entry to search for a gun and drugs. Included in the exigencies is the seriousness of the crime under investigation. The standard of exigencies for arrest should apply to entries to search, too. United States v. Schaffer, 2008 U.S. App. LEXIS 14063 (4th Cir. July 3, 2008) (unpublished): This Court has set forth five factors that district courts are to consider when deciding whether an exigency existed at the time a search commenced: (1) the degree of urgency involved and the amount of time necessary to obtain a warrant; (2) the officers' reasonable belief that the contraband is about to be removed or destroyed; (3) the possibility of danger to police guarding the site; (4) information indicating the possessors of the contraband are aware that police are on their trail; and (5) the ready destructibility of the contraband...continue to full post

Full post as published by Fourth Amendment on July 07, 2008 (boomark / email).