A very interesting case arose before the United States Court of Appeals for the Eleventh Circuit. A defendant police officer, while driving through a neighborhood where there had been a rash of daytime burglaries, noted an individual standing on the sidewalk in front of a residence. He appeared to be looking around nervously while talking on a cellphone. The police officer became suspicious, particularly when he saw an additional young man huddling near the first suspect. The officer became convinced that the second individual was positioning himself to act as a “lookout” while the first individual broke into the house. The police officer radioed for backup, describing the unfolding situation as a “burglary in progress.”
The officers placed the suspects in handcuffs, then entered the home’s back door and shouted “Sheriff’s office, come out if anybody’s in there.” Hearing no answer, after about 10 seconds, the police officer went back outside. After additional officers arrived on the scene, the officers entered the home. Seeing what appeared to be marijuana and associated drug paraphernalia, the officers then called the Narcotics Task Force to determine whether a search warrant should be obtained for the remainder of the dwelling.