Can a search warrant be used to search a bathroom in the course of a warrantless search triggered by screams?

MultiRegion, United States of America

The following excerpt is from Tierney v. Davidson, 133 F.3d 189 (2nd Cir. 1998):

3 LaFave, supra, 6.6(a), at 400-01. For example, in United States v. Barone, 330 F.2d 543, 545 (2d Cir.1964), the invasion of a bathroom in the course of a warrantless search triggered by screams coming from the apartment was justified when the officers were unable to ascertain the reason for the screams solely from their survey of the living room. Id.; cf. Maryland v. Buie, 494 U.S. 325, 337, 110 S.Ct. 1093, 1099-1100, 108 L.Ed.2d 276 (1990) ("The Fourth Amendment permits a properly limited protective sweep in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene.").

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