ND: Strong ammonia smell in apartment building was emergency; fire department on hand

Residents in an apartment complex complained of a strong ammonia smell, and the landlord tried to find the smell and couldn’t. He called the fire department for assistance, and they narrowed it down to defendant’s apartment. They considered it an emergency The landlord used his key to open the door, and defendant was standing there, and the smell of ammonia “poured out.” The firemen entered and found a meth lab. The entry was valid under exigent circumstances, and the police were called when it was determined to be a meth lab. State v. Huber, 2011 ND 23, 793 N.W.2d 781 (2011):

[*P21] Firefighter Bitz’s testimony reflects two key facts about the search of Huber’s apartment. First, it reflects the firefighters were concerned with locating the odor’s source. It was only during the course of this search that the methamphetamine lab and drug paraphernalia were discovered. Second, Bitz’s testimony reflects the fact that law enforcement did not enter the apartment until they were asked to remove an occupant for safety purposes. The officers also did not stop to independently look for evidence of a crime, and they remained separated from the firefighters as they continued their search.

[*P22] When it became apparent the responders were dealing with a methamphetamine lab, the dangers were exacerbated and law enforcement was justified in continuing to assist inside the apartment. See United States v. Lloyd, 396 F.3d 948, 955 (8th Cir.), cert denied, 545 U.S. 1110, 125 S. Ct. 2558, 162 L. Ed. 2d 285 (2005) (“Our cases have recognized that dangers [from methamphetamine labs] may continue for some hours.”) The dangers created by methamphetamine labs justify an immediate and ongoing search because of exigent circumstances due to these labs’ volatile nature. Id. at 954-55. In Michigan v. Tyler, 98 S. Ct. 1942, 436 U.S. 499, 56 L. Ed. 2d 486 (1978), the United States Supreme Court upheld law enforcement’s reentry of a fire scene hours after their first entrance. Law enforcement left the scene to allow visibility to improve and smoke and steam to dissipate. Id. at 502. Holding the reentry was a continuation of the first entrance, the United States Supreme Court held it was a meaningless distinction that law enforcement had departed and returned rather than remain in the building the entire time: “Little purpose would have been served by their remaining in the building, except to remove any doubt about the legality of the warrantless search and seizure later that same morning.” Id. at 511. The continued presence of a methamphetamine lab is no less a danger than that posed by a smoldering fire. Law enforcement’s presence in Huber’s apartment was at all times justified by the continuing emergency.