{"id":10341,"date":"2014-02-07T10:05:23","date_gmt":"2014-02-07T10:05:23","guid":{"rendered":""},"modified":"2014-06-25T06:15:12","modified_gmt":"2014-06-25T11:15:12","slug":"en-us-90","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10341","title":{"rendered":"CA5: Being in the \u201cMexican Mafia\u201d is both PC and exigent circumstances for entry"},"content":{"rendered":"<p>Officers did a knock-and-talk and defendant answered the door. They knew he was in the \u201cMexican Mafia.\u201d They asked to enter, and he said that he couldn\u2019t give permission because it wasn\u2019t his house; the owner was in the back. He went to get the owner shutting the door. The officers pushed the door open and followed him in. \u201cThe agents also recognized Albarado from past drug investigations, and knew of a separate tip that Albarado was involved with the Mexican Mafia. We find that once the agents spoke with Albarado, they had probable cause to believe a crime was being committed.\u201d The entry was with exigent circumstances. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/12\/12-11167.0.pdf\">United States v. Albarado<\/a>, 555 Fed. Appx. 353 (5th Cir. 2014):<br \/>\n<!--more--><\/p>\n<blockquote><p>We agree with the district court that the warrantless entry was justified by the agents&#8217; reasonable concern for their safety. As previously noted, when the agents approached the residence, they already had a tip that the residence was associated with the Mexican Mafia, which they knew to be a violent drug trafficking organization. When the door opened, one agent immediately recognized Albarado from past drug investigations, knew that Albarado had been linked to the Mexican Mafia by another tip, and smelled marijuana inside the house. The agents also knew from their training and experience that drug traffickers often keep firearms near their drugs.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10341\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-10341","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10341","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10341"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10341\/revisions"}],"predecessor-version":[{"id":12205,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10341\/revisions\/12205"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10341"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10341"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10341"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}