Officers received information that drug dealing was going on at a house, and they went to the premises to conduct a knock-and-talk. While talking to the man that answered the door, the defendant came into view with a baggie of crack in hand. That was an exigent circumstance for an entry. After police entered, consent to search was granted after the occupants were told in writing they could refuse and require a search warrant. United States v. St. Villien, 2010 U.S. Dist. LEXIS 54656 (S.D. Fla. May 17, 2010):<\/p>\n
The Court emphasized, however, that the exigency which justifies the warrantless entry cannot be one that is created by the police. Thus, in Santa, the Court held that exigent circumstances did not justify the warrantless entry into the defendants’ apartment to arrest the defendants where the law enforcement agents had advance notice that the defendants were going to conduct a narcotics transaction with an informant at that location. Accord United States v. McGregor, 31 F.3d 1067, 1069 (11th Cir. 1994).<\/p>\n
In the case at bar, the police had received information that a drug trafficker known as “Gucci” lived at the subject premises, and was distributing drugs from that location. Based upon the receipt of that information, they reasonably decided to investigate the premises in an effort to verify the information. Once they arrived at the premises, and knocked on the door, Mr. Barberena opened the door. As Officer Oliva began to speak with him to tell him why they were there, he saw the Defendant walk into view carrying a baggie of crack cocaine. The Defendant has not disputed the conclusion that at that point, the police had probable cause to enter the residence, seize the crack cocaine and detain the Defendant. Rather, the only dispute is whether Officer Oliva, in fact, saw the Defendant carrying the crack cocaine before he entered the residence, and the undersigned has credited the testimony of the officers that he did.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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