United States v. Martinez, No. 10-2070 (10th Cir. 2011)
Annotate this CaseThe government appealed a district court's order that granted Defendant Joseph Martinez's motion to suppress evidence. Officers responded to a static-filled 911 call from Defendant's home. When officers arrived, Defendant's property appeared to be vacant, but the contents inside were "disheveled." Officers opened a door, announced their presence and received no response. In plain view, officers witnessed drug paraphernalia and pornography that appeared to depict minors, but no living persons. The district court held that a warrantless search of Defendant's home was not justified by "exigent circumstances" because law enforcement officers did not have an objectively reasonable basis to believe there was another person inside the home in need of immediate aid. Upon careful consideration of the trial court record, the Tenth Circuit found the officers' search was a violation of the Fourth Amendment. The Court affirmed the district court's order to suppress evidence from Defendant's home.
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