W.D.Ky.: Stop of one suspect created exigency that occupants might destroy evidence; entry justified

The stop of one suspect created exigent circumstances for entry into the premises to freeze it until a warrant could be obtained. The police reasonably feared that occupants would learn of the stop and destroy evidence. On entry, there was a plain view. United States v. Evans, 2019 U.S. Dist. LEXIS 181597 (W.D. Ky. Oct. 21, 2019).

Nexus was shown: “Here, the affidavit established that Villar stopped at his home before selling heroin to the confidential informant. Thus, the affidavit specifically links a sale of heroin to Villar’s home. Further, the affidavit points to other drug-related contraband found in Villar’s trash, thereby connecting Villar’s home to drug activity. Additionally, the affiant detective stated that he believed, in light of the contraband recovered from the trash pull as well as his training and experience, that contraband and evidence of drug trafficking would be found at the home.” United States v. Vargas, 2019 U.S. App. LEXIS 31355 (11th Cir. Oct. 22, 2019).*

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