United States v. Stewart Jones

MEMORANDUM

Appellants Stewart Willie Jones and Israel Carrillo-Leal (“Defendants”) appeal the district court’s denial of their motion to suppress on grounds that the emergency exception applied to law enforcement’s search of Defendants’ boat (“the McYacht”). We review the district court’s denial of a motion to suppress de novo. United States v. Rodgers, 656 F.3d 1023, 1026 (9th Cir.2011). We affirm.

To determine whether the emergency exception applies, we look to see whether “(1) considering the totality of the circumstances, law enforcement had an objectively reasonable basis for concluding that there was an immediate need to protect others or themselves from serious harm; and (2) the search’s scope and manner were reasonable to meet the need.” United States v. Snipe, 515 F.3d 947, 952 (9th Cir.2008). The fact that an emergency does not ultimately materialize has no bearing. See Michigan v. Fisher, 558 U.S. 45, 49 , 130 S.Ct. 546 , 175 L.Ed.2d 410 (2009).

The emergency exception applies in this case. The boat was circling in the harbor, its bow riding low in the water, and smoke emanating from its cockpit. The deputies therefore had an objectively reasonable basis to conclude…