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U.S. v. NAJAR

No. 05-2000.

451 F.3d 710 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Richard B. NAJAR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 21, 2006.

Attorney(s) appearing for the Case

Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney, and Damon P. Martinez, Assistant United States Attorney, with her on the briefs), Las Cruces, NM, for Plaintiff-Appellee.

Dennis J. Candelaria, Assistant Federal Public Defender (Stephen P. McCue, Federal Public Defender, with him on the briefs), Las Cruces, NM, for Defendant-Appellant.

Before SEYMOUR, BALDOCK and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

This case presents a timely question of some significance: Under what circumstances does the Fourth Amendment permit police to enter a home without a warrant or permission in order to investigate a reasonable belief that a person within is endangered?

Early one morning a police dispatcher received a 911 call. Upon answering, he was met with silence and then a disconnect. He made several attempts to reach the 911 caller. Each time his...

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