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U.S. v. RUSSELL

No. 04-10681.

436 F.3d 1086 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Willie RUSSELL, Jr., a/k/a Wild Bill, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 30, 2006.

Attorney(s) appearing for the Case

Quin Denvir, Federal Defender, Sacramento, CA, argued the cause and was on the briefs for the appellant.

William S. Wong, Assistant United States Attorney, Sacramento, CA, argued the cause for the appellee. McGregor W. Scott, United States Attorney, was on the brief.

Before: O'SCANNLAIN, THOMAS, and TALLMAN, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

This case requires us to consider whether the emergency doctrine or implied consent can support a warrantless search of a home on suspicion that a 9-1-1 caller or lurking predator was inside.

I

On Saturday, December 23, 2003, Willie Russell, Jr., placed two calls to the Sacramento Sheriff's Office (SSO) 9-1-1 dispatcher. In the first emergency call, Russell identified himself as "Gregory Hines," and explained to the operator...

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