{"id":7023,"date":"2012-05-01T09:11:06","date_gmt":"2012-04-25T00:15:54","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-04-24T23:01:12","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7023","title":{"rendered":"D.Vt.: Exigency of person in room who wouldn’t show hands justified entry for officer safety"},"content":{"rendered":"

\u201cQuilter raises a hodgepodge of constitutional arguments in support of his motion to suppress.\u201d [Meaning: The court is going to deny them as misguided at best.] As to entry of the hotel room, it was justified by the exigent circumstance of officer safety where one person in the room on a bed wouldn\u2019t show his hands right away. \u201cEntry therefore became a matter of officer safety. Since law enforcement officers must be permitted to secure environments for their own protection, Minnesota v. Olson<\/a>, 495 U.S. 91, 100 (1990), this situation justified entry for that limited purpose.\u201d United States v. Quilter, 2012 U.S. Dist. LEXIS 56393 (D. Vt. April 23, 2012)*:<\/p>\n

The Second Circuit has adopted a non-exhaustive list of six factors to determine existence of exigent circumstances:<\/p>\n

(1) the gravity or violent nature of the offense with which the suspect is to be charged; (2) whether the suspect “is reasonably believed to be armed”; (3) “a clear showing of probable cause … to believe that the suspect committed the crime”; (4) “strong reason to believe that the suspect is in the premises being entered”; (5) “a likelihood that the suspect will escape if not swiftly apprehended”; and (6) the peaceful circumstances of the entry.\n<\/p><\/blockquote>\n

United States v. Reed<\/a>, 572 F.2d 412, 424 (2d Cir. 1978) (quoting Dorman v. United States<\/a>, 435 F.2d 385, 392-93 (D.C. Cir. 1970)).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-7023","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7023","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=7023"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7023\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7023"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7023"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7023"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}