{"id":2436,"date":"2008-12-08T13:49:07","date_gmt":"2008-09-05T08:36:57","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-09-05T08:36:57","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2436","title":{"rendered":"CA4: Cellphone call to confederate inside created exigency"},"content":{"rendered":"

Defendant’s cellphone call as he was being stopped with probable cause created exigent circumstances. The officers had no cause to go into the premises until they discovered he made a call to a confederate and that something was going on inside. United States v. Moses<\/a>, 540 F.3d 263 (4th Cir. 2008):<\/p>\n

It is true that the officers initially had no evidence suggesting that another person was present in 407-A North Cedar Street. When, however, Moses made a telephone call during the course of the traffic stop to his cousin at 407-B North Cedar Street — the residence adjacent to unit 407-A from which Moses was seen to have emerged — Sergeant Kroh became concerned that Moses had warned someone back at Cedar Street about the police so that evidence at 407-A could be removed or destroyed. Moreover, when the officers reacted to this suspicion and returned to 407-B North Cedar Street to interrogate the cousin, her behavior in causing a loud and unprovoked commotion added to the officers’ suspicions that someone else was present inside unit A and that her outburst was calculated as a warning to that person. See United States v. Vasquez<\/em>, 638 F.2d 507, 531-32 (2d Cir. 1980) (upholding an exigent-circumstances search of a fourth-floor apartment where suspects deceived officers into investigating a second-floor apartment whose occupants created a loud commotion that officers reasonably believed might have warned persons on the fourth floor to the police’s presence). The officers also observed that the windows of unit A were blocked and that a gold vehicle was parked outside the house, suggesting the possibility that someone else might be present. Moses’ argument simply ignores these highly relevant facts.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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