CA9: Exigency supported entry into hotel room when there was another child inside in child sex exploitation case

Defense counsel was not ineffective. The search of defendant’s hotel room for evidence in a child sex exploitation case after she escaped from the room and talked to the police was based on exigency. “ The officers also had exigent circumstances to justify immediate entry. The victim reported that there was a small child still in the room, and while the officers could see feet on the bed, they could not see any of the defendants’ heads or hands. Thus, the officers were reasonably concerned for the child’s safety as well as possible destruction of electronic evidence.” The sequence of a search incident doesn’t matter. United States v. Jones, 2017 U.S. App. LEXIS 10138 (9th Cir. June 7, 2017).*

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