E.D.Wis.: Warrantless entry because of unjustified fear of destruction of heroin inside voided entry

Police entered defendant’s hotel room without a warrant because there was heroin inside and they claimed they feared destruction of evidence. Instead, however, the occupant was expecting a buyer to come back and the officers heard nothing from inside the room, even after knocking, that suggested that there was flushing of the heroin down the toilet. The entry was thus unreasonable. While there was flushing going on after they hit the door with a battering ram, that’s too little too late to support the prosecution argument. Also, after breaching the door with guns drawn and the use of a battering ram to break it open seemingly taints the later alleged consent. United States v. Parker, 2016 U.S. Dist. LEXIS 142551 (E.D.Wis. Aug. 15, 2016), adopted, 2016 U.S. Dist. LEXIS 142550 (E.D. Wis. Oct. 14, 2016).