United States Sixth Circuit

To establish exigent circumstances based on destruction of evidence, police need not establish that a "third party" is in the premises as long as the suspect is in the premises.

Appellate Information

• Decided 08/22/2001
• Published 08/22/2001

Judges

• Before:  SILER and GILMAN, Circuit Judges;  DUGGAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Terry M. Cushing (briefed), Assistant U.S. Attorney, James A. Earhart (briefed), Assistant U.S. Attorney, Louisville, KY, for Plaintiff-Appellee., Scott C. Cox, Louisville, Kentucky, Jennifer J. Hall (briefed), Louisville, Kentucky, for Defendant-Appellant.