What is the current state of the law on warrantless entry for security purposes?

California, United States of America


The following excerpt is from People v. Sanchez, D074694 (Cal. App. 2019):

"[A] police officer who has probable cause to believe a dwelling contains evidence of a crime and has reason to fear imminent destruction of the evidence may enter the dwelling to 'secure' it without first getting a warrant." (People v. Seaton (2001) 26 Cal.4th 598, 632.) This rule is particularly apt in drug cases. "'[E]fforts to dispose of narcotics and to escape are characteristic behavior of persons engaged in the narcotics traffic.'" (United States v. Rubin (3d Cir. 1973) 474 F.2d 262, 268-269.) "[T]he possibility that evidence will be destroyed by defendants who have discovered

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government surveillance of their activities often has been recognized as a sufficient exigency to justify warrantless entry." (United States v. Edwards (1st Cir. 1979) 602 F.2d 458, 468.)

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