The officer\u2019s warrantless entry into defendant\u2019s house was reasonable based on exigency of the potential for destruction of drugs. Once he was in the basement on a protective sweep, he found a firearm. Defendant argues his delay in the basement was for the purpose of searching. The court finds the delay was to await backup because the fear the risk was heightened was reasonable. United States v. Beazel, 2019 U.S. Dist. LEXIS 139126 (N.D. W.Va. July 8, 2019).<\/p>\n
The district court credits that defendant didn\u2019t want to file a motion to suppress, and he doesn\u2019t show that one would be granted if it had been filed. Dailey v. United States, 2019 U.S. Dist. LEXIS 138613 (W.D. Mo. Aug. 16, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The officer\u2019s warrantless entry into defendant\u2019s house was reasonable based on exigency of the potential for destruction of drugs. Once he was in the basement on a protective sweep, he found a firearm. Defendant argues his delay in the basement … Continue reading