Martinez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-30098 Plaintiff-Appellee, v.  D.C. No.

CR-02-00246-BLW

MONROE MARTINEZ,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding

Argued and Submitted December 6, 2004—Seattle, Washington

Filed May 16, 2005

Before: Michael Daly Hawkins, Sidney R. Thomas, and M. Margaret McKeown, Circuit Judges.

Opinion by Judge Thomas

5245 5248 UNITED STATES v. MARTINEZ

COUNSEL

Leo N. Griffard, Boise, Idaho, for the appellant.

Kevin T. Maloney, Assistant United States Attorney, Boise, Idaho, for the appellee.

OPINION

THOMAS, Circuit Judge:

In this appeal, we consider whether a domestic disturbance constitutes an emergency sufficient to justify a warrantless entry into a home. Under the circumstances presented by this case, we conclude that it does, and affirm the district court’s denial of a suppression motion.

I

In the summer of 2002 in Nampa, Idaho, police officer Mike Phillips was dispatched to the residence of Lisa and Monroe…