{"id":440,"date":"2007-02-02T17:33:28","date_gmt":"2006-09-22T07:20:27","guid":{"rendered":""},"modified":"2017-09-17T13:42:06","modified_gmt":"2017-09-17T18:42:06","slug":"en-us-143","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=440","title":{"rendered":"Gun inside house was exigency to enter"},"content":{"rendered":"<p>Exigent circumstances justified entry into home to locate a gun where there were believed to be several children inside. State v. Brumfield, 944 So. 2d 588 (La. App. 1st Cir. September 20, 2006). <em>Comment:<\/em> The number of guns in the U.S. is huge (<a href=\"http:\/\/en.wikipedia.org\/wiki\/Gun_politics_in_the_United_States\">estimated by some to literally be one per person<\/a>), so this cannot be considered a blanket authority to enter. Otherwise, statistical probability would make every home fall under this exception.<\/p>\n<p>Defendant&#8217;s actions in reaching into his crotch to get something small which he was selling and then resupplying himself from a car was distinctive of drug selling creating PC for a search.  Jefferson v. United States, 906 A.2d 885 (D.C. App. September 14, 2006).*<\/p>\n<p>Computer search was unlawful, but independent source doctrine saved it. &#8220;This Court agrees that the Government has met its burden by presenting credible testimony that the evidence obtained through the illegal search would have been discovered inevitably as a result of the independent investigation which was already underway at the time of the seizure of such computer.&#8221; United States v. Quinney, 2006 U.S. Dist. LEXIS 67377 (N.D. Ohio September 20, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=440\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-440","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/440","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=440"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/440\/revisions"}],"predecessor-version":[{"id":29100,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/440\/revisions\/29100"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=440"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=440"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=440"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}