Is securing the home as a crime scene a seizure subject to Fourth Amendment protection?

MultiRegion, United States of America

The following excerpt is from Dixon v. Wallowa County, 336 F.3d 1013 (9th Cir. 2003):

Securing the Colpitts residence as a crime scene is a seizure subject to Fourth Amendment protection. United States v. Alaimalo, 313 F.3d 1188, 1192 n. 1 (9th Cir.2002). Police may secure a home, even without a warrant, if exigent circumstances exist such that "a reasonable person would believe that entry ... was necessary to prevent the destruction of relevant evidence, or some other consequence improperly frustrating legitimate law enforcement efforts." Id. at 1192, quoting Bailey v. Newland, 263 F.3d 1022, 1033 (9th Cir.2001).

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