Monday, February 03, 2014

Exigent Circumstances Justified Seizure of Shot Gun

U.S. v. Gordon, 2014 WL 278532 (1/27/14) (Ut.)(published) - exigent circumstances justified officers' warrantless entry of defendant's home in response to a domestic violence complaint. It was reasonable for the officer to follow the victim/ caller into the bedroom to retrieve her glasses while awaiting the arrival of the medical team--after defendant was already in custody. The victim said she feared for her life and there were weapons throughout the home. Seizure of a shotgun in plain view and its removal from the home, which occurred before officers learned of defendant's felony status, was a de minimis intrusion on the defendant's rights and did not justify suppression of the shotgun.