Whether the mere presence of a person in a motel room—that officers believe contains drugs and a gun—creates exigent circumstances sufficient to justify a protective sweep

QUESTION PRESENTED FOR REVIEW The Fifth Circuit affirmed a district court’s finding of exigent circumstances to justify a search of Hector Valenzuela’s motel room. The officers: knew a co-conspirator had distributed methamphetamine from a different room at the motel; watched the co-conspirator leave the motel; found in his pocket the key for a different room; believed that there might be a firearm in the room; erroneously concluded that the co-conspirator had actual or apparent authority to consent to a search of the room; attempted to open the motel room with the key; and demanded entry at 1:30 a.m. when they found the door locked from the inside. The Fifth Circuit found that officers “believed there was a possibility of danger to the officers because they thought there might be a gun in the room” and “were unable to ascertain whether anyone else was in the room who might attempt to destroy evidence before a search warrant was obtained.” This case presents two issues for review: Whether the mere presence of a person in a motel room—that officers believe contains drugs and a gun—creates exigent circumstances sufficient to justify a protective sweep. and i Whether officers create or manufacture an exigency when they learn that someone occupies a motel room by attempting to enter and then knocking and demanding entry at one in the morning. ii