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N.D.Ohio: Gunfire from a house is exigency

By John Wesley Hall, Jr.

Gunfire from inside a house and the obvious presence of weapons being used was exigency for an entry into the premises. United States v. Hall, 2010 U.S. Dist. LEXIS 99130 (N.D. Ohio September 21, 2010): The government contends that the entry into the residence and the subsequent search is justified by the exigent circumstances. The Court agrees. In this case, a call to the police dispatcher reported gunfire, the possible presence of an assault weapon, and the entry of the persons engaged in the shooting into the house in question. Ms. Hall, who answered the door, confirmed to the officers her understanding that they were present at her door because of shots fired. The police officers testified at the suppression hearing that the purpose of the search was to secure the armed suspects...continue to full post

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