Category Archives: Emergency / exigency

E.D.Mich.: Email SW signed on SignNow app valid

An email search warrant signed by the issuing judge on a tablet with the SignNow app was valid. United States v. Lantzy, 2020 U.S. Dist. LEXIS 50057 (E.D. Mich. Mar. 24, 2020). “We conclude that the circumstances here were such … Continue reading

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NM: “Is there anything on your person that I should know about?” is subject to Quarles public safety exception

A question about anything on defendant’s person was subject to Quarles public safety exception. “While Defendant was in custody, but before he was advised of his Miranda rights, an officer asked him, ‘Is there anything on your person that I … Continue reading

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WY: 911 hang-up call from def’s girlfriend and def answered call back volunteering he’d never hit her, with other information, justified warrantless entry

Defendant’s girlfriend made a 911 hang-up call. When 911 called back, defendant answered the phone and volunteered he’d never hit her when she didn’t speak on the first call. Defendant was known to the police to have firearms and possible … Continue reading

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Cal.4d1: Leaving the engine running to one’s car outside house for 30 minutes isn’t exigent circumstances

A neighbor called the police because defendant left his vehicle outside with the engine running for 30 minutes. This did not indicate an emergency justifying a warrantless entry into his casita. There were drugs in plain view. People v. Smith, … Continue reading

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MN: Return of digital copies of attorney’s files seized by SW was only issue and now moot; legality of SW comes later

The attorney here was the target of a search warrant for all her files where the attorney was the suspect, not a client. That distinguishes O’Connor. The parties, the client interveners, and amici have briefed all kinds of constitutional arguments … Continue reading

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OH3: Arrest of drug offender coming home outside his house led to officers hearing “scurrying about” inside, and that justified warrantless entry

One man under investigation for drug crimes was arrested outside a house when officers went there waiting for him to arrive. On the arrest, officers heard others inside “scurrying around” [how?]. This created exigency and justified a warrantless entry into … Continue reading

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N.D.Ohio: The clear potential for violence in a volatile domestic disturbance was a continuing exigency

The clear potential for violence in a volatile domestic disturbance was exigency. “As is evident from the video, the exigency did not terminate due to the passage of time or as a result of [Off.] Sosenko’s attempts to manage the … Continue reading

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IA: Possible presence of runaway 14 yo not exigency for warrantless entry

A runaway child was not an exigency justifying a warrantless entry into defendant’s home. “Today we must decide if a police officer may enter a third party’s residence without a search warrant based on a verbal request from the Iowa … Continue reading

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ID: Lack of objection to body cam video showing refusal of consent wasn’t plain error

The police properly seized defendant’s home to preserve evidence of murder on exigent circumstances. There was also a reasonable protective sweep. Defendant didn’t object to the body cam video that had a refusal to consent to the house search, and … Continue reading

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D.N.M.: A “manpower shortage” for seizure of possible evidence isn’t exigency without PC

Defendant consented to a search of his car and his hotel room, but not to a search of his guitar case in the room. Thinking there might be drugs there, the officer seized the guitar case to preserve the potential … Continue reading

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NH: When an overdose call is made to 911, it isn’t unreasonable for a police officer to enter with EMTs or the FD

When an overdose call is made to 911, it isn’t unreasonable for a police officer to enter with EMTs or the fire department. State v. Eldridge, 2020 N.H. LEXIS 18 (Feb. 19. 2020):

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TX3: Officer’s conviction for official oppression for exigentless warrantless entry into home affirmed

A police officer was convicted of official oppression for an entry into premises without exigent circumstances. “[W]e conclude that there is legally sufficient evidence supporting the jury’s determination that exigent circumstances did not justify the warrantless entry into Nutt’s trailer … Continue reading

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