CA6 (Criminal): USA v. Brown (ED Ky; 5/31/2006)

USA v. Brown
Eastern District of Kentucky at Pikeville
Criminal: Search and Seizure

06a0184p.06 5/31/2006

RALPH B. GUY, JR., Circuit Judge. Defendant Dois Edward Brown appeals from the denial of his motion to suppress evidence obtained as a result of a warrantless entry into his home by a police officer responding to the reported activation of his home security system. Having preserved the issue by entering a conditional plea of guilty, defendant argues that the district court erred in finding (1) that the officer’s entry into the basement was justified under the exigent circumstances exception to the warrant requirement, and (2) that the officer’s entry into the interior room of the basement did not exceed the scope of the exigency. In that interior room, the officer found approximately 176 marijuana plants in plain view. After review of the record and the arguments presented on appeal, we affirm.

Michael Stevens, ed.

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