Does a finding of exigent circumstances require reversal of the district court's finding regarding the presence of an exigent circumstance?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gardner, 627 F.2d 906 (9th Cir. 1980):

6 None of this circuit's precedents require reversal of the district court's finding regarding the presence of exigent circumstances. In United States v. Dugger, supra, the officers, after interviewing the victim of a fight, followed a trail of blood back to the apartment door of the defendant. After knocking and receiving no answer, the officers used the key in the door to open it. They identified themselves as police officers, and someone from inside the apartment called that he would be right out after he put on his shoes. 603 F.2d at 98. The officers entered and searched the apartment. This court held that the officers' search violated the fourth amendment and reversed the district court's finding of exigent circumstances as clearly erroneous. The officers had no evidence that the defendant was armed, injured, or that any other persons were injured in the fight who might need immediate medical assistance, and the defendant's statement that he would be right out dissipated any emergency which might otherwise have existed. Id. at 99-100. The nature of the offense, the circumstances of the arrest, and the probability of others in the residence all distinguish Dugger from this case.

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