EXIGENT CIRCUMSTANCE SEARCHES FOR MISSING PERSONS
This California Court of Appeal ends up upholding the search in this case based on exigent
circumstances. The details are long and exhausting, but essentially the Court of Appeal says that there are exigent circumstances when a reliable missing person report is made under circumstances strongly suggesting that the missing person is injured or worse, and where a reasonably cautious person would believe the action was appropriate.
The Court of Appeal also upholds a car search, relying on Ross (456 U.S. 798). Maybe if a car is an undriveable motor home, Ross might not apply, but this was just a regular car (with dismembered body parts of the victim inside), so the Ross exception for cars applies.
People v. Hochstraser; 2009 DJ DAR 15299; DJ, 10/28/09; C/A 6th
