United States Ninth Circuit

For purposes of the exigent circumstances analysis, a two-pronged test is adopted that asks whether: 1) considering the totality of the circumstances, law enforcement had an objectively reasonable basis for concluding that there was an immediate need to protect others or themselves from serious harm; and 2) the search's scope and manner were reasonable to meet the need.

Appellate Information

• Argued 02/07/2007
• Decided 01/28/2008
• Published 01/28/2008

Judges

• BYBEE, Circuit Judge:, Before:  DAVID R. THOMPSON, ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David N. Parmenter, Esq., Blackfoot, ID, for defendant-appellant., Michelle Mallard, Assistant United States Attorney, United States Attorney for the District of Idaho, Pocatello, ID, for plaintiff-appellee.