United States v. Edward Boettger

DIANA E. MURPHY, Circuit Judge.

The government appeals from the district court’s order suppressing evidence seized during a warrantless search of appellee Edward Boettger’s apartment. The government argues that the danger of explosive materials present in Boettger’s apartment was an exigent circumstance justifying the search. We agree and reverse.

I

Shortly after 9:00 p.m. on the evening of February 8, 1993, the Lake Village Fire Department was called to investigate an explosion at Bush Apartments. The first officials to arrive at the scene were Fire Chief Larry Donaldson and Police Detective…