Category Archives: Emergency / exigency

CA5: Sounds inside at a knock-and-talk created exigency

Police did a knock-and-talk on a motel room door, and the sound of scrambling inside and a toilet flush was exigency. Also, defendant was a casual visitor almost certainly without standing. United States v. Daniels, 2019 U.S. App. LEXIS 20449 … Continue reading

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SCOTUS: Warrantless blood draw from unconscious driver not unreasonable

A warrantless blood draw from an unconscious driver who became unconscious by the time he arrived at the hospital was reasonable under a state law that permits warrantless BAC testing of those incapable of consent by implied consent. Remanded, however, … Continue reading

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N.D.Cal.: 41-day delay from seizure to search of a cell phone wasn’t constitutionally unreasonable on these facts

41-day delay between seizure of cell phone and its search, while not good, wasn’t constitutionally unreasonable under all the circumstances, primarily because defendant was in custody and couldn’t use the phone anyway, so it didn’t intrude on his possessory interests. … Continue reading

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OH12: Automobile exception search permits search of locked toolbox

With a dog alert on a car, the search of a locked toolbox under the automobile exception was permissible. State v. Sullivan, 2019-Ohio-2279, 2019 Ohio App. LEXIS 2372 (12th Dist. June 10, 2019). Exigent circumstances could not be used to … Continue reading

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IL: Delaying stop to call car rental company wasn’t reasonable

Defendant was driving a Hertz rental car, and the delay of the stop to call Hertz was not within the mission of a traffic stop for speeding. “Similarly, we reject the State’s argument that the call to Hertz can be … Continue reading

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PA: Theft of a firearm isn’t exgency for warrantless search of a house

Defendant’s alleged theft of a firearm the day before was not an exigent circumstance for a warrantless entry into his home. Commonwealth v. Gray, 2019 PA Super 175, 2019 Pa. Super. LEXIS 541 (May 31, 2019). In fact, the person … Continue reading

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D.Colo.: To just say a SW is “stale” in a motion to suppress says nothing; def has to show how or why it is stale

Defendant “cannot simply state general legal principles and expect the Court or the Government to figure out what he means to argue. Burciaga bears the burden here, and this ‘argument’ does not satisfy it. Accordingly, the Court will not inquire … Continue reading

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AL: Children missing after mother’s murder was exigency for entry of house

Defendant was believed to have dismembered the mother of his children and the children couldn’t be found. Police got an address and went there but didn’t get an answer. They went to her parents’ house who sent them back to … Continue reading

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DE: Def’s flight from parole and recent crimes were exigency for cell phone ping

There was exigency for an emergency cell phone ping to locate defendant. He’d just committed enough crimes to get sentenced to life and he was on the run from police. State v. Snell, 2019 Del. Super. LEXIS 249 (May 21, … Continue reading

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D.N.J.: Entry to deal with mental health crisis was with exigent circumstances

Police get a tip that plaintiff was a mental health danger to himself or others, and they entered his house with a mental health professional to examine him. That person found plaintiff in need of involuntary commitment. “All of those … Continue reading

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MA: Pinging a cell phone is a search, but here it was with exigent circumstances

Pinging a cell phone to find its location was a search under the Massachusetts Constitution and Fourth Amendment, but it was reasonable because the state showed true exigent circumstances. Commonwealth v. Almonor, 482 Mass. 35 (Apr. 23, 2019). Washington declines … Continue reading

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ScotusBlog: Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver

ScotusBlog: Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver by Amy Howe:

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