Exigent Circumstances for Police to Get in Your House

10Apr12

Where “first wave” responders to shooting scene conducted a protective sweep to search for victims and suspects, and to give aid to any victim, and saw evidence in plain view but did not seize it–because it would have hampered their primary duty and could have made what appeared to be a dangerous situation even more dangerous–exigent circumstances justified warrantless entry by second wave responders a few minutes later. It was error for trial court to suppress evidence found in plain view and seized after second entry.      People v. Superior Court

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