United States v. Menchaca-Castruita

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• setting forth a non-exhaustive five factor test for ascertaining the existence of exigent circumstances
• finding “ ‘the amount of time necessary to obtain a warrant’ likely would be minimal, as the incident took place early on a weekday afternoon — as opposed to late in the evening or on a weekend when officers might not have had ready access to a magistrate”
• “As a general rule, exigent circumstances exist when there is a genuine risk that officers or innocent bystanders will be endangered . . . .”
• “There will always be some possibility that an unknown person might be hiding somewhere inside a residence, waiting for an opportunity to attack law enforcement officers or to destroy evidence.”
• A finding of exigent circumstances “must be based on an officer’s reasonable belief that the delay necessary to obtain a warrant will facilitate the destruction or removal of evidence . . . .” (emphasis added)
• A finding of exigent circumstances “must be based on an officer‟s reasonable belief that the delay necessary to obtain a warrant will facilitate the destruction or removal of evidence. . . .”

Source: CourtListener parenthetical corpus (CC0).