SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Kicking open an upstairs locked bedroom while checking for possibly
wounded victims at a shooting scene, and for officers’ safety while they
conducted an investigation, when it is unknown whether the shooting
suspect(s) might be in the house, was reasonable. (People v. Troyer
(2011) 51 Cal.4 th 599, 613.)
Emergency Exception and the Odor of Ether:
In cases where the odor of ether is apparent, coming from a particular
location indicating the presence of an illicit drug lab and creating a
hazardous, potentially explosive, situation, the Ninth Circuit Court of
Appeal has held that although the odor by itself is not probable cause, it is
a dangerous situation needing immediate action. Therefore, so long as (1)
the police have reasonable grounds to believe that there is an emergency at
hand and an immediate need for their assistance for the protection of life
or property, (2) their assistance is not primarily motivated by the intent to
arrest a person or seize evidence, and (3) there is some reasonable basis,
“approximating probable cause,” to associate the emergency with the area
or place to be entered, then the “emergency doctrine” will allow for a
warrantless entry to neutralize the emergency. (United States v.
Cervantes (9 th Cir. 2000) 219 F.3 rd 882.)
Note: Observations made during the entry will likely supply the
necessary probable cause to secure the scene and obtain a search
warrant.
State authority is in apparent agreement: The odor of ether is an exigent
circumstance, given the potential volatility of ether, to justify an
immediate warrantless entry to “neutralize” the dangerous situation.
(People v. Messina (1985) 165 Cal.App.3 rd 931; People v. Osuna (1987)
187 Cal.App.3 rd 845.)
Executing an Arrest Warrant:
An arrest warrant constitutes legal authority to enter the suspect’s
residence and search for him. (People v. LeBlanc (1997) 60 Cal.App.4 th
157, 164.)
Similarly, police are authorized to enter a house without a warrant
where the suspect is a parolee who had no legitimate expectation
of privacy against warrantless arrests. (People v. Lewis (1999) 74
Cal.App.4 th 662, 671; In re Frank S. (2006) 142 Cal.App.4 th 145,
151.)
Surrounding a barricaded suspect in his home is in effect a warrantless arrest,
justified by the exigent circumstances. The passage of time during the
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© 2012 Robert C. Phillips. All rights reserved