Post details: W.D.Mo.: The emergency aid entry here, by all accounts, was in good faith

04/02/13

Permalink 12:59:34 am, by fourth, 243 words, 636 views   English (US)
Categories: General

W.D.Mo.: The emergency aid entry here, by all accounts, was in good faith

The record supports the conclusion that there was a bona fide emergency justifying the entry into the house. The defendants weren’t under investigation for drugs before the entry. [Truly applying good faith to a warrantless entry.] United States v. Brandwein, 2012 U.S. Dist. LEXIS 187273 (W.D. Mo. May 24, 2012):

[More:]

The Court does not believe Deputy Brown and Sgt. Thurman were covertly undertaking a narcotics investigation of the Brandweins prior to their entry into the home. The officers did not know Andrew Brandwein had a prior criminal record for narcotics trafficking. There is no evidence that a criminal records check or NCIC check had been conducted prior to the arrival of the officers on the scene or while they were at the scene. The Court believes the officers' testimony that they entered the home out of concern that someone inside may have been seriously injured. In other words, the motives of the officers were pure and this was not a pretextual search. They had a very real belief that someone inside may be injured or in trouble and that an emergency situation existed requiring their assistance. There is no evidence indicating otherwise.

The government did not waive its emergency aid justification for the entry in this case. While it asserted it differently in the papers, it effectively amended it at the hearing, and everybody knew what was being argued. United States v. Dawson, 2013 U.S. Dist. LEXIS 45287 (E.D. Ky. March 29, 2013).

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