U.S. v. Maxwell

In prosecution on drug charges, Dist. Ct. did not err in denying defendant’s motion to suppress warrantless search of his apartment under circumstances, where: (1) neighbors called police after letting in two individuals seeking access into defendant’s apartment and after hearing gunshots; (2) when police arrived they noticed shell casing outside of defendant’s locked apartment door, as well as two bullet holes in said door; (3) police called for ambulance and unsuccessfully attempted to make contact with anyone inside defendant’s apartment; (4) police gained access to defendant’s apartment by use of sledgehammer; (5) once inside defendant’s apartment, police saw in plain view raw cannabis at issue in defendant’s charged offenses and went to two closets to determine if anyone was injured; (6) search lasted 90 seconds; and (7) police arrested defendant when he arrived at his apartment. Ct. of Appeals found no Fourth Amendment violation, where: (1) police had reasonable basis to believe that someone was injured inside of defendant’s apartment; (2) use of sledgehammer was reasonable; and (3) police were looking for persons who might have been injured or were in need of assistance when they observed raw cannabis. Ct. of Appeals rejected defendant’s contention that exigent circumstances evaporated once police failed to see anyone injured near apartment door.