Defendant was stopped for eluding a police officer, but it was manifest that he slowed down and went two blocks for a safe place to pull over. That was not eluding under Oregon law. Officer could check DL and insurance, but the stop was extended solely on a hunch, and the court suppressed the subsequent search. United States v. Beard, 2006 U.S. Dist. LEXIS 75660 (D. Ore. October 16, 2006).<\/p>\n
Officers had reasonable suspicion for searching defendant’s home under his probation conditions based on his associating with known drug dealers. United States v. Becker, 2006 U.S. Dist. LEXIS 75490 (N.D. Iowa October 16, 2006).<\/p>\n
911 call satisfied emergency aid exception for entry. PC only required on the second prong of the exception. United States v. Goosby, 2006 U.S. Dist. LEXIS 75655 (D. Nev. October 16, 2006):<\/p>\n
The government argues that a warrant was not necessary for the police officers to enter the apartment and seize the evidence under the “emergency aid exception.” The emergency aid exception requires: (1) that the police have an objectively reasonable basis for believing that an emergency is at hand and that the assistance of the police is needed immediately for the protection of life or property; and (2) that there is some reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched. Brigham City, Utah v. Stuart,<\/em> 126 S.Ct. 1943, 1948 (2006). The “emergency [aid exception] provides that if a police officer, while investigating within the scope necessary to respond to an emergency, discovers evidence of illegal activity, that evidence is admissible even if there was no probable cause to believe that such evidence would be found.” United States v. Cervantes, <\/em>219 F.3d 882, 888 (9th Cir. 2000).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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