· 2/25/1971
Helen Frances Sutton Root v. Isabel H. Gauper
Citations
- 438 F.2d 361
- 1971 U.S. App. LEXIS 11673
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- knowledge that victim had been removed from premises by medical personnel and no other victims found negated grounds for delayed warrantless entry by police
- town marshal’s delay of “several minutes” before warrantless entry inconsistent with belief “that wounded persons” were then “inside house awaiting attention.”
- warrantless searches are per se unreasonable under the Fourth Amendment – subject only to a few specifically established and well-delineated exceptions, such as plain view, consent, and exigency
- police, en route to residence, passed ambulance taking murder victim to hospital
- police, en route to residence, passed ambulance taking murder victim to hospital
- injured man already removed, so no emergency justified entry
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Oosterhout, Gibson, Lay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.