Category Archives: Emergency / exigency

M.D.Pa.: Exigency permitted warrantless CSLI pings

Only the owner of a cell phone has standing to challenge tracking the phone with a Stingray. Warrantless pings to locate the phone were shown by the government to be based on exigent circumstances. United States v. Baker, 2021 U.S. … Continue reading

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ID: RS as to driver and officer safety extends to passenger, too

When a traffic stop turns into reasonable suspicion for other crime, the reasonable suspicion extends to being able to control the passenger, too, for officer safety. There is no reasoned basis for differentiating between drivers and passengers for officer safety. … Continue reading

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GA: 911 call about a possible dead body at a mobile home didn’t need to be corroborated

A call about a possible dead body at a location where police had responded before was sufficiently specific to justify an emergency response. On this record, their belief was objectively reasonable, and the story didn’t need to be corroborated. Tidwell … Continue reading

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CA1: Exigencies of dealing with a DUI crash and death made it reasonable to dispense with SW for BAC

Defendant was charged with DUI deaths in a national park. The exigencies of dealing with the crash and its aftermath justified the delay in BAC testing and getting it without a warrant. United States v. Manubolu, 20-1871 (1st Cir. Sept. … Continue reading

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AL: Suspicious noises inside from knock-and-talk was exigency

Police knock and talk led to them hearing noises of someone rushing around inside. They could also smell marijuana from outside, and they had information of buys from inside the house. Exigency established. Hall v. State, CR-20-0394 (Ala. Crim. App. … Continue reading

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TN: Merely citing to the particularity requirement not effective appellate argument without context

Defendant’s particularity argument fails for lack of cogent argument: “Defendant’s first question regarding the probable cause requirement has already been answered, and Defendant offers no evidence or argument in support of his apparent challenge to the particularity of the warrant. … Continue reading

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CA10: No Bivens remedy for false arrest and malicious prosecution

No Bivens remedy for false arrest and malicious prosecution. Even if wrong, there was qualified immunity here. Boudette v. Buffington, 2021 U.S. App. LEXIS 24512 (10th Cir. Aug. 17, 2021). The citizen informant called police to say that there was … Continue reading

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CA8: The facts before the officers showed exigency to enter the house on a domestic call

The officers had a reasonable basis for entering defendant’s house without a warrant. “The officers were dispatched to the scene of a domestic disturbance. The first responding officer observed a child in an upstairs window acting excitedly and gesturing at … Continue reading

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LA5: Chain of custody issue after search isn’t a motion to suppress issue

A chain of custody dispute from a search isn’t proper in a motion to suppress. That’s a trial issue. State v. Mackey, 2021 La. App. LEXIS 1068 (La. App. 5 Cir. July 12, 2021). “Plaintiff Sally Gaetjens sued various local … Continue reading

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SCOTUS: Lange v. California: “Under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always—that is, categorically—justify a warrantless entry into a home.”

Lange v. California, 141 S.Ct. 2011 (June 23, 2021). Syllabus:

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CA2: DL address is “reason to believe” where def lives for entry on arrest warrant

Defendant’s DL had the address where the police entered on an arrest warrant, and it led to a plain view. The DL address was “reason to believe” it was his address. United States v. Johnson, 2021 U.S. App. LEXIS 18491 … Continue reading

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VA: “[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.”

“[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.” Moreno v. Commonwealth, 2021 Va. App. LEXIS 91 (June 15, 2021). The community caretaking exception did not justify officers’ opening … Continue reading

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N.D.Ohio: Def’s suppression motion loss precludes his § 1983 case on same issue

Plaintiff’s civil rights complaint that OnStar allegedly illegally tracked his vehicle was already decided against him in his criminal case. The issue is precluded here. Lenhart v. Savetski, 2021 U.S. Dist. LEXIS 109462 (N.D. Ohio June 11, 2021). The collection … Continue reading

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Reason: Gorsuch Pushes Stronger Fourth Amendment Protections

Reason: Gorsuch Pushes Stronger Fourth Amendment Protections by Damon Root (“Can a cop enter a suspect’s home without a warrant if they’re in pursuit and have probable cause to believe the suspect has committed a misdemeanor?”):

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CA7: Omission of CI’s criminal history was “unfortunate” but not material for Franks

“[W]e agree with the district court that the ‘omission of information about the sources’ backgrounds, criminal histories, or motives does not change the probable cause determination.’ See also United States v. Sims, 551 F.3d 640, 645 (7th Cir. 2008) (omission … Continue reading

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NY1: Cross-examination about potential suspects let go from scene of search opened door to suppressed statement

Defendant’s cross-examination about others not ultimately charged after the search opened the door to his suppressed statement. “First, defendant elicited that although the police arrested him and the other two persons who were in his apartment at the time a … Continue reading

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PA: DUI with agg. assault was sufficiently exigent to dispense with SW for BAC

Defendant was accused of DUI and aggravated assault, and the officer decided that the additional complexity of investigating the assault charge made a warrantless blood draw exigent. It didn’t matter that the state charged him with the assault two months … Continue reading

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CA9: Body cam video of unreasonable warrantless entry to house should have been suppressed; but harmless

The warrantless entry into defendant’s house and body cam recording of him violated the Fourth Amendment. The other evidence, however, was overwhelming, so was harmless. United States v. Holiday, 2021 U.S. App. LEXIS 15884 (9th Cir. May 27, 2021). Where … Continue reading

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OR: Lifting jail curtain to see def in jail bathroom was not violation of State Const. or 4A

Partially lifting a curtain in jail to observe defendant in the bathroom was not a violation of his reasonable expectation of privacy under the State Constitution nor the Fourth Amendment. State v. Taplin, 311 Or. App. 542, 2021 Ore. App. … Continue reading

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N.D.Ohio: 5 yo child wandering in apt parking lot at 2:30 am was exigency when door was open to apt

A five year old boy found wandering at 2:30 am in an apartment building parking lot was exigency for the police to further open defendant’s partially open door when the apartment was found. United States v. Shorter, 2021 U.S. Dist. … Continue reading

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