NCJ Number
120957
Date Published
1989
Length
9 pages
Annotation
In United States v. Lindsey, Lindsey contended the police lacked the requisite probable cause and exigent circumstances to secure his house without a warrant, they failed to knock and announce their purpose, they lacked probable cause for arrest, and his consent to search had been involuntary.
Abstract
The facts of the case, involving an undercover drug purchase, established probable cause for a warrantless search. Because the police were led to believe the residence contained weapons as well as drugs, and it was reasonable to expect that the dealer would become suspicious and possibly use those weapons, exigent circumstances were also established. Although the police did not attempt to obtain a warrant while waiting for backup forces, the court concluded that there was not sufficient time under the exigent circumstances. Lindsey contended the police failed to comply with knock-notice requirements. However, two officers testified that they did knock and announce their purpose, but that they entered without waiting for a response because of the exigency. The police also had probable cause to arrest Lindsey before the actual search began. Although he contended his consent to search was coerced, the court found he voluntarily consented and even had time to change his mind while one of the officers went to obtain a consent form. In this case, the warrantless entry and arrest were lawful.