United States Fourth Circuit

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US v. Yengel, 12-4317

Evidence obtained from an officer's warrantless search was properly excluded because exigent circumstances did not exist to justify the warrantless search in this case, where: 1) the scope of any danger was quite limited; 2) the immobile and inaccessible location of the possible grenade in a locked closet further diminished the scope of any possible danger; and 3) the fact that no officers on the scene sought to evacuate the nearby residences, or, in particular, to evacuate defendant's young son who was sleeping in the room directly next to the alleged grenade provides stark evidence that a reasonable police officer would not -- and did not -- believe an emergency was on-going, such as would justify a warrantless entry.

Appellate Information

  • Decided 02/15/2013
  • Published 02/15/2013

Judges

  • THACKER

Court

  • United States Fourth Circuit

Counsel

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