{"id":3592,"date":"2010-05-18T22:16:01","date_gmt":"2009-12-04T10:39:34","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-05T10:42:02","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3592","title":{"rendered":"CA5: Warrantless arrest in large cocaine conspiracy created exigency for motel room entry"},"content":{"rendered":"

The DEA was surveilling an arrival at DFW who flew in to make a $1M cocaine deal with an undercover officer. The officers arrested two guys and they flipped. The arrest of the third was with PC and permitted a warrantless exigent entry into the motel room. United States v. Timoteo<\/a>, 353 Fed. Appx. 968 (5th Cir. 2009) (unpublished):<\/p>\n

The issue is whether the agents’ warrantless entry into the hotel room and arrest of Timoteo were supported by exigent circumstances. Even if the agents had probable cause to arrest Timoteo, they had to have exigent circumstances to enter the hotel room. See Richard, 994 F.2d at 247. The circumstances, viewed objectively, must justify the action taken. Scott v. United States, 436 U.S. 128, 138, 98 S. Ct. 1717, 56 L. Ed. 2d 168 (1978) (noting the “standard of objective reasonableness”); Ohio v. Robinette, 519 U.S. 33, 38, 117 S. Ct. 417, 136 L. Ed. 2d 347 (1996) (“Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.”) (quotation omitted). However, “[i]f reasonable minds could differ, we will not second-guess the judgment of experienced law enforcement officers concerning the risks of a particular situation.” United States v. Hearn, 563 F.3d 95, 106 (5th Cir. 2009) (quotation omitted).<\/p>\n

The district court found that, after the arrest of Miliaris, “the officers did not know if others had seen the arrests and, if so, whether the others were armed, in flight, or destroying evidence.” Since the agents knew that the driver of the Hyundai had entered the hotel and that he was not the man who came out when the agents called the room, they knew that someone else was also in the hotel room. It was reasonable for the agents to believe that this man, alarmed when Miliaris did not return, would barricade himself in the hotel room with a firearm, potentially endangering the agents and other hotel guests; attempt to destroy evidence; or attempt to flee the scene. The district court’s finding that exigent circumstances justified the warrantless entry was not clear error.<\/p><\/blockquote>\n

[posted 12\/5]<\/p>\n","protected":false},"excerpt":{"rendered":"

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