{"id":2529,"date":"2008-12-23T17:45:34","date_gmt":"2008-10-08T07:03:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-10-08T07:03:44","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2529","title":{"rendered":"LA5: Exigent circumstances on arrival continued for hours, so warrantless entry justified"},"content":{"rendered":"

Police arrived at a domestic disturbance with reports of a gun fired inside a FEMA trailer. They waited to enter until the children came out, which took quite awhile. Nevertheless, the delayed entry was still with exigent circumstances. State v. Berry<\/a>, 989 So. 2d 120 (La. App. 5th Cir. 2008):<\/p>\n

On review, we find that the entry was justified by exigent circumstances. Although the officers were prepared to and did wait hours after the other family members exited the trailer, the circumstances were exigent from the moment of their arrival. The officers were trying to avoid a violent confrontation that could have injured them and others at the scene. Deputy Williams testified regarding the danger they faced in walking into a trailer in this situation, since they believed Berry was armed. The officers were simply forming strategies and waiting for an opportunity to detain Berry in the safest manner possible. Viewing the scene through the open door, Deputy Williams reacted to Berry’s movement in the kitchen cabinet immediately, hurriedly entering the trailer to detain him. The record also supports the conclusion that the officers feared for Berry’s escape, as he was hiding from them, refusing to come out.<\/p>\n

We further find that probable cause was also present to justify the intrusion into the trailer. The police had information that Berry was seen earlier in possession of a firearm and had, in fact, discharged a firearm, causing damage to Mr. and Mrs. Armstrong’s trailer. Although it is unclear as to whether the children were in the trailer at the time the firearm was discharged, the record shows that they were present in the trailer when Mrs. Armstrong went to the trailer after hearing the gunshot. Further, Mr. Armstrong was outside at the time he heard the gunshot. The trailer was on his property. When the officers responded, Berry created a situation where he barricaded himself in the trailer for hours, refusing to respond to the officers’ attempts to contact him. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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