What is the standard of review for a finding that a magistrate erred in concluding that exigent circumstances existed to justify warrantless entry into a house?

MultiRegion, United States of America

The following excerpt is from U.S. v. Johnson, 660 F.2d 749 (9th Cir. 1982):

On appeal appellants contend the magistrate erred in concluding that exigent circumstances existed to justify warrantless entry into the Pine Street house. The existence of exigent circumstances is a question of fact, and "the proper standard of review of a finding regarding exigent circumstances is whether the finding was clearly erroneous." United States v. Flickinger, 573 F.2d 1349, 1356-1357, (9th Cir. 1980) (footnote omitted). This court must determine, in reviewing the findings of the district court, whether "on the entire evidence (it) is left with the definite and firm conviction that a mistake has been committed." Id. at 1357.

Other Questions


Does a finding of exigent circumstances require reversal of the district court's finding regarding the presence of an exigent circumstance? (MultiRegion, United States of America)
What is the standard of review for a finding of exigent circumstances 3? (MultiRegion, United States of America)
If a court finds that a plaintiff has been denied a right to sue under a different legal standard than under the current standard of care, can the finding be reviewed? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the test for an application to compel the Court to approve the publication of both the findings of an independent review and the analysis of both findings? (Canada (Federal), Canada)
What is the standard of review for a finding of fact? (Canada (Federal), Canada)
Does the presumption of reasonableness review automatically engage with correctness standards of review? (Canada (Federal), Canada)
What is the applicable standard of review and what is the deference required to review? (Canada (Federal), Canada)
What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.