United States v. Currency U.S. $38,167.00

MEMORANDUM **

In this civil forfeiture proceeding, Christopher Isley appeals the district court’s denial of his motion to suppress evidence and the district court’s order granting summary judgment to the government. We reverse. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here in detail.

The district court issued its decision construing the facts in the light most favorable to Isley. 1 Specifically, the district court assumed that the searching officer, Sargent Gary Guthrie, did not detect the marijuana odor during the protective sweep, that Guthrie and all other officers *520 left Isley’s home after the sweep was completed, that Guthrie reentered the home ten to fifteen minutes after the sweep, that Isley left for the hospital before Guthrie’s second entry, that Guthrie detected and observed marijuana in the home when he entered the second time, and that Guthrie obtained Deona’s consent to search only after his second entry. For the purposes of this appeal, we will assume the same set of facts.

The central issue on appeal, thus, is whether a second entry into Isley’s home was reasonable under the emergency…