During the course of the search, the police officers exhibited no particular concern for their own safety.United States v. Tovar-Rico, 61 F.3d 1529 (11th Cir. 1995)Though various law enforcement agents were arresting people around the apartment where the target was located, this, alone, did not create exigent circumstances justifying the entry into the apartment. There was no evidence that people in the apartment were aware of the activities going on outside.
Statements given by the defendants were also subject to suppression.United States v. Tovar-Rico, 61 F.3d 1529 (11th Cir. 1995)Several police officers entered defendant’s apartment with guns drawn and immediately engaged in a protective sweep search. The officers then approached the defendant, who was seated at the dining room table and asked for consent to search the house, advising her that if she refused, a search warrant would be obtained.
The actions of the police, in the language of Florida v. Bostick “would have communicated to a reasonable person that the person was not free to decline the officers’ requests or otherwise terminate the encounter.” Note that this decision pre- dates the United States Supreme Court decision in United States v. Drayton, supra which arguably overruled Guapi, though the Supreme Court did not expressly do so.United States v. Tovar-Rico, 61 F.3d 1529 (11th Cir. 1995)Several police officers entered defendant’s apartment with guns drawn and immediately engaged in a protective sweep search. The officers then approached the defendant, who was seated at the dining room table and asked for consent to search the house, advising her that if she refused, a search warrant would be obtained.