D.V.I.: Def’s failure to move or respond to officers shouting then pounding on windows justified opening door under emergency exception

Defendant’s failure to respond at all to officers standing next to his stopped vehicle justified opening the door under the emergency exception. United States v. Nisbett, 2017 U.S. Dist. LEXIS 4067 (D.V.I. Jan. 11, 2017):

In the instant matter, the officers were presented with a non-responsive individual whose vehicle was stopped in the passing lane of the highway with the engine running and lights on. He was not moving and did not respond to lights, voices (even amplified and shouting), or pounding on the vehicle. Given the totality of the circumstances facing the officers, it was reasonable for them to conclude that exigent circumstances (i.e., a medical emergency) existed warranting their entry into Defendant’s vehicle. Marasco, 318 F.3d at 518. Accordingly, the Court finds that the opening of Defendant’s car door did not constitute a violation of the Fourth Amendment.