{"id":1996,"date":"2008-05-31T08:39:38","date_gmt":"2008-04-18T07:37:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-04-18T07:37:35","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1996","title":{"rendered":"Guns and exigent circumstances"},"content":{"rendered":"

Officer saw a cocked gun in defendant’s yard by looking over the fence, and there was a 7 year old child in the yard. The entry into the yard was justified by exigent circumstances. People v. Chavez<\/a>, 161 Cal. App. 4th 1493, 75 Cal. Rptr. 3d 376 (3d Dist. March 27, 2008), ordered published April 17, 2008:<\/p>\n

The People first contend that no search occurred because Officer Leahy observed the revolver in plain sight while lawfully positioned in defendant’s front yard in an area open to the public. Secondly, the People contend that the subsequent warrantless entry into defendant’s side yard was justified by the exigency of a cocked revolver at a residence with a seven-year-old child. We agree with the People that Officer Leahy’s observations of the gun from over the fence did not amount to a search and his subsequent entry into defendant’s yard was justified by exigent circumstances. Therefore, the trial court erred in granting defendant’s motion to suppress. Accordingly, we will reverse the judgment of dismissal.<\/p><\/blockquote>\n

Officers had a tip that a fugitive was at defendant’s house. When they arrived they saw two men enter, one with a gun, and they got to the door and saw a gun on the floor. That was sufficient exigency for an entry to secure the weapon. United States v. Scott, 2008 U.S. Dist. LEXIS 31076 (M.D. Fla. April 15, 2008)* (“The Court finds this case analogous to the circumstances in United States v. McCoy<\/em>, 2007 WL 4393973 (11th Cir. 2007).”).<\/p>\n","protected":false},"excerpt":{"rendered":"

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