Category Archives: Emergency / exigency

MN: Another’s outside storage unit at an apartment building found because its key was found during a search of the apt couldn’t be searched under apt SW

An apartment of another was searched under a warrant, and a key to a storage unit was found. The storage unit was nearby but not in the apartment, and it was in defendant’s name. Searching the storage unit in another … Continue reading

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PA: Emergency aid entry into home doesn’t permit reentry for accurate recordkeeping

A warrantless entry into a house under the emergency aid exception does not permit a reentry for administrative tasks. Accurate record keeping can’t be a justification for a warrantless entry. Commonwealth v. Wilmer, 2018 Pa. LEXIS 4917 (Sep. 21, 2018) … Continue reading

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Cal.4th: Retroactive conversion of felony MJ conviction to civil infraction didn’t require lawfully collected DNA be purged from database

California’s retroactive conversion of personal use felony marijuana convictions to civil infractions does not warrant removal of defendant’s DNA from the system. People v. Laird, 2018 Cal. App. LEXIS 841 (4th Dist. Aug. 30, 2018), ordered published Sep. 21, 2018. … Continue reading

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D.N.M.: Def rejected consent twice but consented on the third non-coercive request

The search of defendant’s purse was by consent. She was stopped at the Albuquerque Greyhound station by the DEA and asked twice for consent to search her purse, and he asked why. Finally, the DEA agent asked if she could … Continue reading

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D.Kan.: Having a 15-year-old runaway in a motel room falsely implying a marital relationship is exigency for entry

Defendant was accused of staying in a motel with a 15-year-old runaway apparently listed with the hotel as his likely wife, and the facts presented to the officers, as in other courts in similar cases, provided exigent circumstances. Probable cause … Continue reading

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NE: Shots fired at car led to officers seeing likely kicked in door and blood on doormat and that was exigency

Officers responded to a call about shots fired hitting a car, and, at defendant’s apartment building, defendant and his cohort fled when the police approached. Possible blood was found on his doormat, and the door had a boot mark that … Continue reading

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CA9: No articulable facts could be given for exigent based entry into apt; “lack of information is the opposite of articulable facts.”

There was no objectively reasonable basis for an emergency entry into defendant’s apartment because the police said that somebody might need immediate assistance. Defendant grabbed his waistband when running, but no gun was ever seen. “[L]ack of information is the … Continue reading

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OR: On a domestic call, “The officers heard a man say ‘shut the fuck up,’ a woman crying and whimpering, a loud thump, and then silence.” This was exigency

Police get a domestic call, and when they get there “The officers heard a man say ‘shut the fuck up,’ a woman crying and whimpering, a loud thump, and then silence.” This was enough for exigency for an entry. State … Continue reading

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CO: Def was accused of pointing a laser-sighted rifle from his house at a neighbor; police arrived and exigency justified the entry

The entry into defendant’s home was with exigent circumstances. A neighbor of defendant repeatedly called the police to say that defendant was repeatedly pointing a laser-sighted rifle at him from the house. Police came to the house to inquire. Defendant … Continue reading

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OH5: Warrantless fire scene search after fire out, power off, and property secured was unreasonable

During a fire in a house, a grow operation was seen and reported to the police. By the time the police came in, the fire was out, the power was off, and the property was secure. The warrantless fire scene … Continue reading

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OH11: Specific and articulable facts, including bullet casings in front of house and bullet holes in house, supported an entry an hour later

“[T]he officers had a reasonable belief based on specific and articulable facts to search for injured people” based on bullet casings in the street and bullet holes in the house even when the waited an hour. They didn’t have to … Continue reading

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CA3: Expired rental agreement justified extending the stop

Defendant’s rental agreement had expired, and calling the rental company prolonged the stop. Whether the dog alerted or not wasn’t obvious on the dashcam video, but the district court found that it did, and that’s a found fact, and it’s … Continue reading

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