The officer’s warrantless entry into defendant’s house was reasonable based on exigency of the potential for destruction of drugs. Once he was in the basement on a protective sweep, he found a firearm. Defendant argues his delay in the basement was for the purpose of searching. The court finds the delay was to await backup because the fear the risk was heightened was reasonable. United States v. Beazel, 2019 U.S. Dist. LEXIS 139126 (N.D. W.Va. July 8, 2019).
The district court credits that defendant didn’t want to file a motion to suppress, and he doesn’t show that one would be granted if it had been filed. Dailey v. United States, 2019 U.S. Dist. LEXIS 138613 (W.D. Mo. Aug. 16, 2019).*