fell away once he entered the upper portion of 256 Nickell Heights without a warrant. When Riddle made his warrantless entry, Richard Modrell and Michelle Lindsey were securely detained in the basement by a deputy, whose presence also mitigated the risk that evidence might be destroyed downstairs. Thus, the officers’ law-enforcement needs were met, while minimizing infringement on the privacy interests of the other inhabitants. Any benefit to law enforcement from Riddle’s action was marginal at best, but it came at great cost to the privacy rights of the residents upstairs. Riddle disputes this and argues that, once inside the house, he “only secur[ed], rather than searched], the residence, leaving Modrell’s home and personal belongings intact.” (Riddle , 1000-01 (9th Cir.2010) (<HOLDING>). Moreover, there is no indication that the
holding that rough handling under the exigent circumstances present was not excessive force recognizing exigent circumstance exception to warrant requirement holding that a seizure lasting over 26 hours was excessive because in cases involving exigent circumstances a judicial magistrate could be obtained at any hour to sign a warrant holding that exigent circumstances were present because evidence of bloodalcohol content could disappear during the time necessary to obtain a warrant recognizing that  exigent circumstances do not excuse the failure to secure a warrant when those circumstances are created by government officials who unreasonably and deliberately delay or avoid obtaining the warrant