United States v. Monroe Martinez

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 Martinez in response to a domestic violence call. The initial radio transmission received by Phillips indicated that there was an “out of control” male and that the 911 call was disconnected. Phillips recognized the address as a residence he had been called to on a previous occasion for a domestic violence incident. Phillips recalled that on the previous occasion the female had a “fat lip” because “the male subject had hit her.”

Upon arriving on the scene Phillips saw Lisa Martinez in the front yard. Lisa was “very upset, crying, she had her face in her hands.” Lisa did not say anything that indicated she had been physically injured, and Phillips did not observe evidence of physical injuries.

While attempting to speak with Lisa, Phillips could hear yelling coming from inside the house.…