Category Archives: Emergency / exigency

D.N.M.: While the govt didn’t prove exigency, inventory exception applied

While there was some exigency, the government failed on its burden of proving exigency necessitated its action. Instead, the court finds inevitable discovery. United States v. O’Neil, 2021 U.S. Dist. LEXIS 35424 (D. N.M. Feb. 25, 2021):*

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WY: No hot pursuit into home for traffic violation that wasn’t “hot”

Hot pursuit for a traffic violation did not permit an entry into the home. Here, the pursuit just wasn’t “hot” or exigent because the officer called for backup. Fuller v. State, 2021 WY 36, 2021 Wyo. LEXIS 41 (Feb. 24, … Continue reading

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GA: Contraband in plain view on def’s property didn’t justify warrantless entry to seize it

Officers’ entry onto abandoned property next door to defendant’s place to get a better view of his place was reasonable. He had no reasonable expectation of privacy there or in the view from there. However, they saw contraband in plain … Continue reading

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CA8: QI denied for entering the wrong house at 3 am looking for taxi fare skipper

Police looking for a taxicab fare skipper at 3 am found a door to a garage ajar and entered plaintiffs’ home with guns drawn. They encountered plaintiffs outside their bedroom but never found the fare skipper. Plaintiffs sued. The court … Continue reading

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CA3: Petition to revoke has to be based on a 4A showing of PC on oath or affirmation, and this was

The petition to revoke was based on probable cause and oath or affirmation and complied with the Fourth Amendment. United States v. Petlock, 2021 U.S. App. LEXIS 3865 (3d Cir. Feb. 11, 2021). Police responded to a suicide in progress … Continue reading

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FL1: Even with issuing magistrate having second thoughts and suppessing, SW was executed in good faith

A search warrant was issued for drugs and firearms, and the CI was a “disgruntled” ex-girlfriend. The issuing judge heard the motion to suppress and decided that her disgruntledness required corroboration, and, on second thought, she wouldn’t have issued the … Continue reading

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IL: When exigency forms is determined on the totality

On the totality of circumstances, there was exigency for the police entry, despite their delay. All in all, the delay was reasonable as information was learned, and then it was time to act. People v. Kulpin, 2021 IL App (2d) … Continue reading

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MD: 911 call led to plain view

911 was called by defendant’s mother about his possible cardiac arrest. When the officer arrived, defendant was alert and fine, and his drugs were in plain view. Their seizure was valid. Glanden v. State, 2021 Md. App. LEXIS 80 (Feb. … Continue reading

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DE: Texting linked def’s cell phone to murder and was nexus for SW

“Second, the affidavits supported the Magistrate’s determination that there was a nexus between the murder and Defendant’s iPhone. The affidavits averred that Witness 2 texted Defendant throughout the day of the murder.” State v. Wilson, 2021 Del. Super. LEXIS 84 … Continue reading

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KY: Smell of burning marijuana from a house alone is not exigency

The entry here could not be justified as a protective sweep because of a lack of reason to believe the person sought was there. It also can’t be justified by exigency because of the smell of burning marijuana alone. Nothing … Continue reading

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PA to decide CPS power to enter without SW for “child in need of services”

PA grants review on the authority of Child Protective Services to enter without a warrant on a report of a “child in need of services” under (1) state constitution, and (2) Fourth Amendment. In interest of Y.W.-B., 2021 Pa. LEXIS … Continue reading

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CA8: Remodeler found video voyeur camera and conducted a private search then turned it over to police

A man remodeling defendant’s house found a USB port in the bathroom, and he gathered that the USB could be used to hook up a camera in the bathroom to record children visiting there. He took the device he found … Continue reading

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OH5: Entry into cell phone tower at night which was being serviced was without exigent circumstances

A police officer came upon a cell phone tower at night where the door was open and a car was parked outside. He could hear music inside. He came in and asked what was going on and saw a bong. … Continue reading

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OH5: 911 hang-up call is treated as presumptively an emergency until shown otherwise

In Ohio, a 911 hang-up call is treated as presumptively an emergency until shown otherwise. State v. Walter, 2020-Ohio-6772, 2020 Ohio App. LEXIS 4622 (5th Dist. Dec. 17, 2020). A police officer’s property was searched under a warrant. The warrant … Continue reading

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SD: Impending surgery exigency for warrantless blood draw

Defendant’s impending surgery was an exigent circumstance for a warrantless blood draw. “We have held that imminent medical care that threatens to destroy BAC evidence through blood transfusions, intravenous fluids, or natural dissipation over time may create exigent circumstances. … … Continue reading

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CA9: Mid-trial change in testimony from SW affidavit may entitle def to Franks hearing, but here issue wasn’t timely raised

Without deciding whether to follow the Fourth Circuit (United States v. White, 850 F.3d 667, 673 (4th Cir. 2017)) holding that trial testimony differing from a search warrant affidavit entitles the defendant to a mid-trial Franks hearing, here the issue … Continue reading

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