Police Officer Warrantless Search Out of Fear of His Own Safety
The government must show that the police had concrete, particularized evidence that reasonably lead them to believe that:
(1) there were weapons on the premises;
(2) there was a realistic possibility that the occupant or occupants would use the weapons against them.
The two prong test in Poole v. United States, 630 A.2d 1109, 1117 (D.C. 1993) is central to our determination of whether exigent circumstances based on the officers' fear for his own safety exist to permit suspension of the knock and announce requirements.
Poole explained that, "police knowledge of the existence of a firearm excuses compliance with announcement requirements only where the officers reasonably believe the weapon will be used against them if they proceed with the ordinary announcements." Id. Consequently
In Poole, there was "clear and direct evidence here that the suspects possessed weapons . . . on the premises . . . ." 630 A.2d at 1120.