{"id":4615,"date":"2010-09-06T19:34:31","date_gmt":"2010-09-03T07:44:40","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-09-03T07:44:40","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4615","title":{"rendered":"E.D.Mo.: Warrantless entry to apartment was based on exigent circumstances of destruction of evidence and safety issues"},"content":{"rendered":"<p>Officers reasonably entered defendant\u2019s apartment without a warrant after a drug sale outside and then when officers moved to arrest, another fled inside and nobody would come to the door and there were sounds inside consistent with destruction of evidence. They climbed to the balcony. United States v. Anderson, 2010 U.S. Dist. LEXIS 90158 (E.D. Mo. July 30, 2010)*:<\/p>\n<blockquote><p>Based on this evidence, an objectively reasonable officer on the scene could have believed that there was an exigency and that contraband inside of 815\u00bd Gladstone Blvd. was being destroyed and\/or there was an immediate danger to innocent third persons. These circumstances justified all of the officers&#8217; actions up to and including entry of the apartment (after Anderson opened the door) to arrest the occupants.<\/p><\/blockquote>\n<p>The officer found defendant had a drug history and called in a drug dog for a valid sniff. United States v. Jones, 2010 U.S. Dist. LEXIS 89256 (M.D. Ala. June 11, 2010).*<\/p>\n<p>Defendant was not in custody at the time he consented, and thus not subject to Miranda, and he voluntarily consented. United States v. Burnett, 2010 U.S. Dist. LEXIS 90207 (W.D. Mo. August 2, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4615\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4615","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4615","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4615"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4615\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4615"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4615"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4615"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}