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US v. Taylor, 10-4234

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By FindLaw Staff on November 04, 2010 3:56 PM

Denial of motion to suppress affirmed under exigent circumstances

US v. Taylor, 10-4234, concerned a challenge to the district court's denial of defendant's motion to suppress a gun found in his home and statements made at the time of arrest as the fruits of a warrantless search, in a prosecution of the defendant for being a felon in possession of a firearm.

 

In affirming the denial of the motion, the court held that a warrant was not necessary in this case as the officer never received a report of a crime, nor did he have a reason to suspect that a crime had taken or would take place, but was merely working to return a lost child to her caretaker.  Further, both the self-evident danger that the abandoned child posed to herself and the inference of danger to her caretaker made it reasonable to conclude that it was necessary to make a brief entry to find someone inside the home, and to do so promptly.  The Court also held that, under the circumstances, the officer's conduct did not transgress constitutional boundaries.  Lastly, the court rejected defendant's claim that the officer's entry was unreasonable because there were less intrusive options available.

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