CA9: Warrantless entry into def’s home after tracking device went off and created exigency

“The agents secured a court order authorizing insertion of a tracking device to conduct a controlled delivery of a package of methamphetamine, but their subsequent entry into defendant’s residence to secure the package was warrantless. [¶] The panel affirmed the district court’s ruling that the agents’ entry was presumptively unreasonable under the Fourth Amendment but, considering the totality of the circumstances, exigent circumstances existed to justify the entry because it was reasonable to conclude that the destruction of incriminating evidence was occurring. Defendant’s subsequent consent for a more thorough search was not therefore tainted by an illegal entry, and the district court did not err by denying his motion to suppress.” (Summary by the court) United States v. Kazuyoshi Iwai, 2019 U.S. App. LEXIS 21899 (9th Cir. July 23, 2019).