Michael Montanez v. Jorge Carvajal
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
NEWSOM, Circuit Judge:
*1205 Police officers interrupt what they reasonably believe to be a residential burglary and detain two suspects just outside the house. Having done so, can the officers thereafter lawfully enter the home-without a warrant, and without further suspicion of wrongdoing-to briefly search for additional perpetrators and potential victims? We hold that they can. In particular, we hold that the suspected burglary presents an "exigent circumstance" that justifies a warrantless entry and search.
I
On a springtime afternoon in 2011, Officer Todd Raible of the Volusia (Florida) County…
2Cases cited22 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
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- Mapp v. OhioSupreme Court of the United States · 1961
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