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weet OM Se 5 Fa maaerma 7 wt ® | , @ ; a, _ FOOTNOTES i/ See e.g., U.S. v. Brown, 467 F. 24 419, 424 (C.A.D.C. 1972); U.S. v. McKinney, 379 F. 2naé 259 ({C.A.6 1967). VoKinney ealso specifically held that if probcble cause exisés, pO search warrant is neeced to justify a search of third “party premises. However, both the Fourth Circuit whose cas2 law would apply to the Alexandria incident (absent contrary Supreme Court decisions), and the Ninth Circuit have Specifically reserved opinion on whether the Fourth Amenda- ment requires search werrents, zbsent exigent circuxstances, to enter third party premises in order to execute ea arrest warrant. -Lankford v. Gelston, 364 F. 24 197, {C.4-4 1966); (U.S. v. Bekowles, 432 F. 2nd €, 13n.5 (C.A.9 1570). Although the Supreme Court has not ruled on this issue, it has clearly upheld the constitutionality of warrantiess searches based upon ‘probable cause if "exigent circumstances" are present, even ifia search warrant could keave.bean tained long before the exi igent circumstances arose. Car@€well v. Lewis, 417 U.S. 583 (1974}. McKinney indicates that a magistrate's determination of probable cause to arrest a suspect and the suspect's inherent mobility con- —+.——-— stitute exigent circumstances justifying a werrantiess | . _ search of third party premises to execute the arrest war-~ , xant. Several arrest warrants for Patty Hearst are, (of . course, - ,outstanding,. + pe Cc _ m2 2/ It was also apparently determined subsequent to the in-. ~ formant's call that some nine months earlier, an individual ; who resided at Apartment 10 had been interzr gated ky the ! Alexandria police concerning a conceaied weepon cherge. This fact appears irrelevant to the establishme ni of probable cause to believe Hearst was in Apartment 10. .3/ See Spinelli v. U. U.S., 393 U. Ss. 410 (1969); Mecray ve , - Illinois, 386 U.S. 300 (1967); Aguilar v. Texes, 376 U.S. 108 (1964). - . . 4/ See Assault and Bathery, $158, 6 Am. Jur. 2€.133. 5/ 53 F.22 184 (C.A.4 1931). or ar 6/ 246 F.2G 278 (C-A.3 1951), vacated and remanded, 357 U.S. ~ 493(1958), reaffirmed on remand, 258 F.2d 471, cert. den. 3538 U.S. 880 (1958). = ee 7/} 398 F.2d 235 (C.A.4 1968). cont.