We entertain some doubt whether plaintiffs made a sufficient objection to the instruction below to permit assignment of error on the exigent circumstances point.
However, even assuming that a proper objection in this respect was made, we cannot agree that the district court erred in failing to instruct the jury on the exigent circumstances doctrine. In
Steagald the Court held that absent exigent circumstances or consent, a law enforcement officer may not legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant.
451 U.S. at 205–06, 101 S.Ct. at 1644–45. Here, however, the record shows that, with the exception of three days, Larry Bledsoe was living with his parents at the Bledsoe residence continuously from the time he left the naval base in Long Beach, California—February 6, 1978—to the time of his arrest—April 4, 1978.
See Supp. I R. 6, 36; Supp. II R. 394. Thus, plaintiffs cannot seriously contend that Officer Garcia was entering the residence of a third party to effect an arrest.