In what circumstances will a police officer obtain a warrant to enter a hotel room where a defendant is counting tinfoil bindles?

California, United States of America


The following excerpt is from People v. Hull, 34 Cal.App.4th 1448, 41 Cal.Rptr.2d 99 (Cal. App. 1995):

In People v. Ortiz, supra, 32 Cal.App.4th at page 289, 38 Cal.Rptr.2d 59, a police officer saw the defendant and a woman in a hotel room, which is treated the same as a home for Fourth Amendment purposes, counting tinfoil bindles. The police officer was in the hallway and observed the room's occupants through an open door. He immediately entered the room, seized the contraband, and arrested the defendant and the woman. (Ibid.) The trial court denied the defendant's motion to suppress the contraband, and the defendant appealed after conviction. We held exigent circumstances justified the warrantless entry into the hotel room. "[V]iewed objectively, the facts known to the officer[ ] and the inferences drawn therefrom were sufficient to lead a reasonable officer to conclude that there was an imminent danger the contraband would be destroyed if he did not act immediately to arrest defendant and seize the evidence." (Ibid.)

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