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· 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 CourtListener

Sourced 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.