CADC: Bomb squad’s search hours later was not exigent and no QI

A top to bottom search of plaintiff’s home by the D.C. bomb squad hours into a “situation” at his home (actually based on a mistake) wasn’t remotely justified by exigent circumstances. Moreover, qualified immunity doesn’t apply (2-1 on this issue) because the exigent circumstance standard is well settled. Corrigan v. D.C., 2016 U.S. App. LEXIS 20108 (D.C.Cir. Nov. 8, 2016).

The issue of whether the government had an independent source for the search remains and is contested, and a hearing will be held to resolve it. United States v. Williams, 2016 U.S. Dist. LEXIS 149888 (W.D.N.Y. Oct. 26, 2016).*

Because of the preference for warrants and the requirement that all doubts be resolved in favor of the validity of the search warrant to encourage the use of search warrant, this one passes muster. Moreover, the good faith exception applies. United States v. Sanders, 2016 U.S. Dist. LEXIS 150634 (N.D.Fla. Oct. 31, 2016).*

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