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U.S. v. MARTINEZ

No. 10-2070.

643 F.3d 1292 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph MARTINEZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 12, 2011.

Attorney(s) appearing for the Case

Laura Fashing , Assistant U.S. Attorney, ( Kenneth J. Gonzales , United States Attorney, with her on the briefs), Albuquerque, New Mexico, for Plaintiff-Appellant.

Samuel Bregman (Eric Loman on the brief) of Bregman & Loman, P.C., Albuquerque, New Mexico, for Defendant-Appellee.

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

SEYMOUR, Circuit Judge.

The United States appeals the district court's order granting Mr. Joseph Martinez's motion to suppress. The district court held that a warrantless search of Mr. Martinez's home was not justified by exigent circumstances because law enforcement officers did not have an objectively reasonable basis to believe there was a person inside his home who was in need of immediate aid. United States v. Martinez...

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