Danger to informant justified warrantless entry

Informant inside defendant’s premises was feared to be in danger, and that was an exigent circumstance for a warrantless entry. United States v. Escobedo, 2008 U.S. Dist. LEXIS 38636 (N.D. Ind. May 12, 2008):

If police officers fear for the safety of an informant or other individual, such a concern may justify an entry into an otherwise private area for exigent circumstances. United States v. Williams, 633 F.2d 742, 744 (8th Cir. 1980). The government states that in the present case, law enforcement officers were concerned about the safety of Somers, the possibility that Escobedo and others inside the Downingtown Drive house could escape undetected, and the potential for danger to the suspects, the police, and the public in general if the suspects attempted to flee the home in a vehicle. Government’s Response, p. 1. In determining the reasonableness of a warrantless entry into a private residence, “the appropriate inquiry is whether the facts, as they appeared at the moment of entry, would lead a reasonable, experienced officer to believe that evidence might be destroyed or that there was a need to protect life or prevent serious injury.” Id. (citing United States v. Bell, 500 F.3d 609, 612 (7th Cir. 2007)). Escobedo claims in his briefs that the police could have handled the entire affair differently and that they could have obtained a warrant. Escobedo argues that the police had no reason to fear for the safety of Somers since they had no direct evidence that she was in danger from Escobedo or any of his possible cohorts. Defendant’s Brief, p. 7. He also argues that police could have kept Somers in protective custody while they obtained a warrant to search the Downingtown Drive home. Id. Escobedo argues that police could have posted “more police in surveillance positions so that all sides of Escobedo’s house were visible.” Id., p. 7. Finally, he states that if they feared the possibility of a vehicle chase, police could have simply blocked the end of Escobedo’s driveway to prevent him or others from fleeing the home. Id., p. 8. Escobedo argues that if police had taken some or all of these actions, they would have had sufficient time to obtain a warrant before entering the premises. Id. But the government points out that “[t]he question with exigent circumstances is not whether, given the benefit of hindsight, the police could have done something different; the question is whether they had, at the time, a reasonable belief that there was a compelling need to act and time to get a warrant.” Government’s Brief, p. 3. The government summarizes the factual scenario leading up to the entry into Escobedo’s residence by stating that “Detective Ray was confronted with a flurry of circumstances that posed a host of potential dangers to the informant, the Downingtown neighborhood, the public at large, the police officers, and even to the Defendant and his accomplices, and he made the decision to enter for the purpose of preventing anyone from getting hurt. Even if the police could have done something different in hindsight, Detective Ray nevertheless acted reasonably in protecting public safety and addressing the exigent circumstances.” Id., pp. 3-4.