Tuesday, June 05, 2007

Officers May Not Create Exigency to Avoid Warrant Req't

U.S. v. Castro, 2007 WL 1548981 (5/30/07)(unpub'd) - The 10th is "troubled" by the officers making a traffic stop, thus creating an exigency to raid a residence before the gang got wind of the resident's detention. Officers "may not create their own exigencies to avoid the necessity of a warrant to enter a person's home," the 10th noted. But, the defendant had no standing to object to the search.