Category Archives: Emergency / exigency

M.D.La.: No standing in a stolen car

The stop was justified by a seatbelt violation, but defendant didn’t have standing because the car was stolen. United States v. Joseph, 2017 U.S. Dist. LEXIS 123893 (M.D. La. Aug. 7, 2017). The landing in front of an apartment is … Continue reading

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OR: No exigency for warrantless entry into home for BAC when another warrant required for that anyway

In a DUI case, the state did not show exigent circumstances to enter defendant’s home to take him into custody to then have to seek a search warrant for his blood anyway. State v. Ritz, 361 Ore. 781, 2017 Ore. … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency | Comments Off

ND: 9 hour old call about a suicidal man was no longer emergency; “Every emergency ends at some point.”

A nine hour old report of a man claiming suicidal ideations was no longer an emergency when the police got it. It was also vague and uncorroborated. “Every emergency ends at some point.” And this one did before the entry. … Continue reading

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CA8: When a gun is seized in a business, govt must show justification; here it failed to show officer safety was an issue. A gun on a shelf in a business is not exigency per se.

An undercover officer entered a tattoo parlor looking for a “person of interest” in an unrelated case. A gun was seen on a shelf in the “work area.” Officers came back. Customers were allowed in the “work area” by invitation … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off

D.R.I.: Warrantless ping of def’s cell phone was based on exigency of threatened suicide

Defendant sent texts suggesting he’d commit suicide rather than go to prison for child pornography, something he’d been involved with before. The officers had exigent circumstances to have his cell phone pinged to find him. There was a factual dispute … Continue reading

Posted in Cell phones, Cell site location information, Emergency / exigency | Comments Off

NJ: Waiting for a SW isn’t exigency to enter a home, but that wasn’t clearly established in 2008 for § 1983 purposes

In 2008, officers entered and seized plaintiff’s home while waiting for a search warrant. In a § 1983 and N.J. Civil Rights Act case, it was not clearly established at the time that that was unreasonable. He gets qualified immunity, … Continue reading

Posted in Emergency / exigency, Reasonableness | Comments Off

OR: Emergency aid exception applies to animals in distress

The emergency aid exception applies to animals in distress. Here it was cattle. State v. Hershey, 286 Ore. App. 824, 2017 Ore. App. LEXIS 907 (July 19, 2017). There was plenty of probable cause, but defendant’s Franks argument that the … Continue reading

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M.D.La.: Any exigency ended with def’s arrest; no facts showed others present

Any exigency involving defendant in his house evaporated when he was arrested and handcuffed. The mere possibility others are present can be exigency, but it requires pointing to actual facts, not possibilities. The court credits defendant’s own testimony damaging to … Continue reading

Posted in Emergency / exigency, Staleness | Comments Off

NY4: Not granting a continuance of suppression hearing for unavailable witnesses was an abuse of discretion

The trial court erred in granting the motion to suppress for the nonattendance of its police witnesses after they were subpoenaed but didn’t show. The state sought an adjournment which the trial court denied. It was the first request for … Continue reading

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MD: A local humane society can seize animals in distress by delegation under state statute but only with exigency

A local humane society can seize animals in distress by delegation under state statute but only with exigency and only to the extent necessary to protect the animal. Rohrer v. Humane Soc’y of Washington Cty., 2017 Md. LEXIS 456 (June … Continue reading

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