S.D.Fla.: Entry in a homicide investigation was by consent; def was seen and he ducked into a bedroom, and exigency permitted bedroom entry

“Here, both probable cause and exigent circumstances justified the First Search. At the time law enforcement arrived at the house, police had probable cause to arrest Joseph for homicide and armed robbery based upon the surviving victim’s and co-defendant’s identification of Joseph as the shooter. After knocking on the door, the police confirmed that Joseph was in the house and obtained consent from the home’s owner to enter the home. Exigent circumstances arose when Detective Suarez spotted Joseph and Joseph fled back into his bedroom. At that point, police were certain that Joseph was in the house. Based on the violent nature of the suspected offenses, police had every reason to believe that Joseph both possessed and was going to retrieve a firearm. For their own safety and for the safety of the public, the police entered Joseph’s bedroom, arrested Joseph, and conducted a protective sweep. In so doing, the police acted reasonably and were justified in seizing those items that were in plain view without a warrant.” United States v. Joseph, 2015 U.S. Dist. LEXIS 155203 (S.D.Fla. Nov. 16, 2015).

Defendant was stopped for being involved in a domestic altercation. He got out of his car and left the door open and approached the officers. There was a gun in the car that was easily seen without leaning into the car. Because the situation also involved a shots fired call, the evidentiary value was immediately apparent. McDougal v. State, 2015 Del. LEXIS 613 (Nov. 16, 2015).*