Topic: Officer’s mistaken belief that whimpering dog was a person in distress reasonably led to warrantless entry under the Emergency Exigency.
The Eleventh Circuit affirmed the defendant’s conviction and sentence for being a felon in possession of a firearm. The court held that, given the totality of the circumstances, it was reasonable for officers, mistaking a dog’s whimper for a person in distress, to enter defendant’s home without a warrant. Therefore, the defendant’s challenge to the district court’s denial of his motion to suppress evidence failed.
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