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No. 06-5028
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. Norman K. Moon, District
Judge. (3:06-cr-00011-nkm)
Submitted:
Decided:
PER CURIAM:
At approximately 11:30 p.m. on November 5, 2006, the
Albemarle County Fire Department received a call that gasoline
fumes were detected in an apartment building at 211 Whitewood Road
in Charlottesville, Virginia.
Fire
Marshall
James
Barber
responded
to
the
Upon arriving,
Barber could smell gasoline fumes in the parking lot outside the
building
and
in
the
common
areas
inside
the
building.
In
Barber was
able to look through the window and into Jonathan Deans bedroom.
As Barber stood outside and looked in the room, he observed a red
plastic gasoline can with the lid off.
After receiving no
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no
answer,
Barber
unlocked
Deans
When he still
door
using
key
Barber
After being
informed of his rights, Dean made statements that they were just
messing around and that he was not a terrorist.
After Barber secured a search warrant, Deans apartment
was searched for bomb making materials and a number of items were
seized.
computers
in
Deans
manufacturing explosives.
apartment
for
information
on
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Deans computers.
We now affirm.
circumstances,
such
as
an
emergency,
necessitate
the
For a
requirement,
the
police
must
possess
an
objectively
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United States v. Moss, 963 F.2d 673, 678 (4th Cir. 1992).
Here, the initial warrantless entry into Deans apartment
Based
materials but did not spend long looking at Deans bomb making
equipment.
minutes.
to
entering
Deans
apartment,
Barber
had
an
- 5 -
lawfully
in
Deans
apartment,
Barber
was
not
second
pornography.
warrant,
the
police
discovered
evidence
of
child
Because
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Accordingly, we
AFFIRMED
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