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CA8 effectively allows police manufactured exigent circumstances for entry on a knock-and-talk

By John Wesley Hall, Jr.

On a knock-and-talk, the officers found [created] exigent circumstances from the defendant’s feigned confusion and somebody inside apparently disposing of drugs in the sink. United States v. Cisneros-Gutierrez, 2010 U.S. App. LEXIS 5896 (8th Cir. March 23, 2010): In this case, we believe that an objectively reasonable police officer, knowing the information supplied by Hernandez-Pena and observing Alfonso's and Gerardo's conduct, would conclude that there was danger of removal or destruction of evidence of a crime. Hernandez-Pena had told officers that the brothers possessed large quantities of illegal narcotics and several firearms and that they served as enforcers for the drug trafficking organization. After arriving at the house and announcing themselves, the officers witnessed evasive behavior...continue to full post

Full post as published by Fourth Amendment on March 24, 2010 (boomark / email).