Warrantless entry to residence is justified if officer reasonably believes burglary in progress
SEARCH & SEIZURE United States v. Alvarez-McCullough, No. 05-3270, ___ F.3d ___ (10th Cir. Aug. 10, 2006)(Kansas). Appeal of convictions and sentence for conspiracy to possess with intent to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(iii), and 846, and possession of firearm in furtherance of drug trafficking crime in violation of 18 U.S.C. §§ 924(c)(1)(A)(i) and (c)(1)(B)(ii). HELD: District court properly denied defendant’s motion to suppress drug and firearms evidence seized as result of police officer’s warrantless entry to home. Officer may lawfully enter residence without warrant under exigent circumstances exception when officer reasonably believes burglary in progress. Read the opinion here. |
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