{"id":8545,"date":"2013-04-30T18:50:20","date_gmt":"2013-03-29T06:32:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-03-29T06:32:21","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8545","title":{"rendered":"IN: Police created exigency did not permit warrantless entry"},"content":{"rendered":"

A GPS was planted in a UPS package found to contain marijuana during a lawful opening of the damaged box by UPS. This did not offend Jones because the box was not in defendant\u2019s possession at the time. Monitoring it to tail the box did not violate any expectation of privacy, and it was not monitored when it was inside his house. A parcel wire, however, violated Karo because it told the police when the package was opened inside the house. The warrantless entry into defendant\u2019s home to secure the package was invalid because of police created exigent circumstances. State v. Lagrone<\/a>, 985 N.E.2d 66 (Ind. App. 2013):<\/p>\n

<\/p>\n

We agree with the trial court that the police officers created the exigent circumstances by the manner in which the investigation occurred. We also agree with the trial court that police could have arrested Lagrone as soon as he picked up the package at the hotel or en route to his house. We emphasize, however, that the police were not required to make the arrest sooner rather than later.<\/p>\n

[L]aw enforcement officers are under no constitutional duty to call a halt to a criminal investigation the moment they have the minimum evidence to establish probable cause. Faulting the police for failing to apply for a search warrant at the earliest possible time after obtaining probable cause imposes a duty that is nowhere to be found in the Constitution.<\/p><\/blockquote>\n

King, 131 S. Ct. at 1860-61 (internal quotation marks and citations omitted). Such a rule would unnecessarily impede police investigations in drug and other contraband cases.<\/p>\n

But the facts here fall squarely within the rule in King that a warrantless entry based on exigent circumstances does not violate the Fourth Amendment so long as the police “did not create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment.” King, 131 S. Ct. at 1858. As discussed above, just as with a beeper, see Karo, 468 U.S. at 715, the warrantless monitoring of the parcel wire while it was inside the home violated the Fourth Amendment. The exigency here arose only because the officers were alerted by the parcel wire that Lagrone had opened the package, knowledge they acquired by conduct that violated the Fourth Amendment. Under King, the police may not use information obtained in violation of the Fourth Amendment to establish exigent circumstances and avoid the warrant requirement. Thus, on these facts, the exigent circumstances exception to the warrant requirement cannot apply to the warrantless entry of Lagrone’s home. See King, 131 S. Ct. at 1858.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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