911 Call Traced to Motel Room 105, but Police Search Room 404 "to make sure everyone was all right."

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This court recognized the emergency exception to the Fourth Amendment's warrant requirement in United States v. Cervantes,219 F.3d 882, 889 (9th Cir. 2000). In Cervantes, this court held that the emergency exception doctrine justified an officer's entry into an apartment to investigate a chemical smell associated with methamphetamine production. Id. at 891. We applied the doctrine in Cervantes because (1) the police had reasonable grounds to believe that there was an emergency at hand and that there was an immediate need for their assistance, (2) the search was not primarily motivated by an intent to arrest and seize evidence, and (3) the police had a reasonable basis, approximating probable cause, to associate the emergency with the area to be searched. Id. at 888-91. We held that if any of these three requirements is not satisfied, the emergency exception to the Fourth Amendment is not applicable and the search is unconstitutional. Id. at 890 (holding that this three-part test is a "clear and soundly-crafted formulation of the emergency doctrine's requirements"). Evidence seized in an illegal search is inadmissible and must be suppressed. United States v. Reid,226 F.3d 1020, 1025 (9th Cir. 2000).
Read the full case here: U.S. v. Deemer, 354 F.3d 1130, 1132 (9th Cir. 2004), casetext.com/c...
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15 сен 2024

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Комментарии : 24

@dangeary2134 Месяц назад

Best mustache EVER!!! Too bad there aren’t a few attorneys in my area that couldn’t just sit down to a decent meal and discuss some “shop talk.”

@darknagaadventures7884 Месяц назад

The cops were outside of their authority and illegally entered. Period

@AbNomal621 Месяц назад

Glad the evidence was suppressed. But… the officers were not held accountable. The fact is the officers should be charged with violating the rights of BOTH occupants. They were abusing their power.

@timf6916 Месяц назад

Good call

@newshodgepodge6329 Месяц назад

Gives a whole new meaning to "Error 404." I'll show myself out now, just like these cops should have done.

@SoftwareEffect1 Месяц назад

404 - room not found?

@selfdo Месяц назад

It would seem that the hotel manager has rigged a way to have the front desk call via this "room 105" to get the police to handle a disruptive, loud tenant. Also, did the cops claim that the entry was "consensual" on the part of the woman that answered the door?

@LAWSTACHE Месяц назад

The Court did not address consent in the factual basis or the discussion of the law. I imagine that the government did not even attempt to make a "consent" argument. ~ Anton V.

@jimfreeman3007 Месяц назад

What crazy ass hotel has room 105 next to room 404??

@LAWSTACHE Месяц назад

The Court called it bizarre. "The officers did, however, see that the lights were on and loud music was coming from inside room 404 which, because of a rather bizarre numbering scheme, was adjacent to room 105. Officer Paige believed that the two rooms might be connected because room 105 was small, it did not appear to have a window, and the two rooms shared a common wall. The officers decided to investigate whether the call came from that room." U.S. v. Deemer, 354 F.3d 1130, 1131 (9th Cir. 2004)

@ericbrowning9971 Месяц назад

How is room 105 next to room 404 at this motel?

@LAWSTACHE Месяц назад

I know, the Court called it bizarre. "The officers did, however, see that the lights were on and loud music was coming from inside room 404 which, because of a rather bizarre numbering scheme, was adjacent to room 105. Officer Paige believed that the two rooms might be connected because room 105 was small, it did not appear to have a window, and the two rooms shared a common wall. The officers decided to investigate whether the call came from that room." U.S. v. Deemer, 354 F.3d 1130, 1131 (9th Cir. 2004)

@Dr.Claw_M.A.D. Месяц назад

Interesting. I have seen video where hotel staff gave permission to enter a hotel suite, even unlocking the door to allow entry. Courts have upheld some of those arrests. Diminished fourth amendment protection. I suppose it might come down to hotel rental property. Courts generally assume adults who enter a contract to be of sound mind and know what they are doing. Unless a contract is illegal, such as effective slavery, courts are loathe to intervene.

@williamzander9708 Месяц назад

The sad part is they weren’t trained and didn’t respect the rights of citizens and they thought in a gang mentality to blame the boss he said it was alright to enter. If the hotel patrons would of slammed the door they would still force there way in by requesting management approval. The individuals that carry a large amount of cash are acceptable to this . The police love them and have no shame . Everyone in that hotel room is scared of being caught .

@RickPaul01 Месяц назад

I think this is a bad decision. Taken to it's logical conclusion, the police should not have responded at all. As there was no connection to any location. Thank for your great videos!

@BlackSoap361 29 дней назад

If they were allowed to search that room based on their theory, they could search every room in the motel.

@RickPaul01 28 дней назад

@@BlackSoap361 Thank you. I forgot this was just a 911 hang-up. You are right.

@darellpiper7227 Месяц назад

My first thought was what motel has room 105 next to room 404. Please address this issue. I see I am not alone. Is this just a made up story?

@LAWSTACHE Месяц назад

Not made up. Just a crazy numbering scheme. Here is what the Court says: "The officers did, however, see that the lights were on and loud music was coming from inside room 404 which, because of a rather bizarre numbering scheme, was adjacent to room 105. Officer Paige believed that the two rooms might be connected because room 105 was small, it did not appear to have a window, and the two rooms shared a common wall. The officers decided to investigate whether the call came from that room." U.S. v. Deemer, 354 F.3d 1130, 1131 (9th Cir. 2004)

@darellpiper7227 Месяц назад

Nice mustache

@LAWSTACHE Месяц назад

Thanks! Cheers from San Diego! ~ Anton V.