Defendant arrived at the Malheur National Wildlife Refuge in January 2016. After arrests and the killing of one, he decided to leave and encountered a roadblock where he was briefly searched. Officers asked if he would go back to the refuge building and urge others to leave. Anybody without an arrest warrant would be allowed to pass through. Defendant came back through and his truck and horse trailer were searched again. The searches were reasonable as a protective sweep for weapons. United States v. Ehmer, 2017 U.S. Dist. LEXIS 22100 (D.Ore. Feb. 16, 2017).
The officer here came to defendant’s motel room because defendant was tied to stolen boat. Defendant consented to entry, and the situation escalated and the first officer in drew his weapon and shouted to “get on your knees.” Another officer entered because he perceived exigency. The entry wasn’t by consent, but it was justified by exigency. United States v. Larosa, 2017 U.S. Dist. LEXIS 22205 (D.Alaska Feb. 8, 2017),* adopted, 2017 U.S. Dist. LEXIS 20577 (D. Alaska Feb. 14, 2017).*