N.D.Cal.: Furtive movements like checking a gun at waist, bulge in coat, then flight into nearby building justified hot pursuit entry

Defendant showed standing from staying at his sister’s apartment a lot. He kept clothes and toiletries there, and he had a key and could come and go as he pleased. Defendant saw an unmarked police car and pulled at his pants indicating a gun in his waistband. He also ducked behind a car for a few seconds. Officers pulled to him and addressed him, and he had a bulge in his coat. At this point, officers had more than reasonable suspicion. Then defendant fled into a building , and the officers gave chase. The entry was with exigent circumstances. United States v. McGregor, 2012 U.S. Dist. LEXIS 181318 (N.D. Cal. December 21, 2012):

Defendant bolted through the front door as if it were unlocked or slightly ajar. He did not use a key. The officers did not know defendant, or whether he had a connection to the apartment. As far as the officers could tell, defendant had bolted into a random, close-by home of a stranger to seek escape from the officers, hide contraband, or endanger the occupants. Based on the foregoing information known to the officers, it was objectively reasonable for the officers to conclude that defendant’s frenzied escape into the apartment posed a random and serious risk to the safety of the occupants or the officers. There was no particular indication that defendant lived there or knew the occupants. He did not say, for example, “Go away. This is my home.” He did not enter using a key. Nor did the sister, who was standing inside near the door communicate in some manner to the police that defendant belonged there.

The opinion doesn’t use the phrase “hot pursuit,” but that’s what it is.