TN: No exigency per se from odor of a meth lab

After clearing the house where there was a suspected meth lab from the strong smell of anhydrous ammonia and starter fluid, the police lacked exigency for a warrantless entry again. There was no evidence of what dangers there were from the pill soak or the odor. State v. Hawks, 2013 Tenn. Crim. App. LEXIS 2 (January 2, 2013):

The facts in this case are significantly different from the facts in Meeks. Granted, the odor of anhydrous ammonia and starter fluid was strong and could be smelled from a significant distance. However, by the time Captain Uselton arrived at the scene, police officers had removed the appellant’s family from the home, had determined that the appellant was not present, and were waiting “a distance” away. Captain Uselton arrived and searched the home again but did not find anyone inside. It was the State’s burden to show the existence of exigent circumstances. However, unlike Meeks, the State did not present any evidence about the dangers the strong odor or the soaking Sudafed posed to Captain Uselton, other officers at the scene, the appellant’s neighbors, or anyone in the surrounding vicinity. Therefore, we conclude that the proof fails to show the existence of exigent circumstances that exempted law enforcement from searching the residence without a warrant.