D.Conn.: A minor prostitute in a hotel room is exigency for entry

Officers had strong reason to believe a minor prostitute was in a hotel room rented by her pimp, and that was exigency justifying warrantless entry into the room. United States v. Thomas, 2015 U.S. Dist. LEXIS 3888 (D. Conn. January 13, 2015):

The government urges that the agents’ actions were reasonable because of exigent circumstances. Police may effect a search or seizure without obtaining a warrant “when the exigencies of the situation make the needs of law enforcement so compelling that a warrantless search is objectively reasonable under the Fourth Amendment.” Mincey v. Arizona, 437 U.S. 385, 394, 98 S. Ct. 2408, 57 L.Ed.2d 290 (1978). The need to protect a dwelling’s occupant from imminent injury is an exigency justifying entry into the dwelling, and the defendant concedes that “the potential sexual exploitation of a minor is an exigent circumstance.” ECF No. 37, at 10 (quoting United States v. Gilliam, No. 11 Crim. 1083, 2012 WL 4044632, at *2 (S.D.N.Y. Sept. 12, 2012)). The only question is whether, in all the circumstances, the facts known to the entering agents provided “an objectively reasonable basis” to conclude that MV was inside Room 205 and in need of help. See Brigham City, Utah v. Stewart, 547 U.S. 398, 399, 126 S. Ct. 1943, 164 L.Ed.2d 650 (2006).

I think it is plain that they did. When Kobelia and Wines entered Room 205, they knew from Backpage and from the phone call to MV that she was working as a prostitute and operating out of the Howard Johnson. NCMEC had notified the agents that MV was a minor who had left home to work for a pimp in New Haven. Kobelia and Wines had connected MV to Walters by ascertaining that MV had stayed in a room rented to Walters in October and through viewing the Backpage advertisements for “Rain” and “Sunshine.” They had connected Walters to Thomas because the two were walking together in the Howard Johnson. The agents knew that Thomas was renting two rooms on November 8, and they knew from their training and experience that pimps often use two rooms in connection with a prostitution operation. Both Walters and Thomas admitted to knowing MV but claimed not to know where she was. Finally, Walters told the agents that she had rented Room 202 but did not mention Room 205 – an omission suggesting that MV might be located there – and the lights and television were on in Room 205, indicating that at least one person was inside.

In the context of these facts, it was reasonable for the agents to conclude that MV was in Room 205 and might be in imminent danger of sexual assault. …