Category Archives: Emergency / exigency

CA8: After exigency for entry abated, police had consent from def’s wife to remain on premises

Exigency supported the police entry into defendant’s home because of concern for safety of the children and a domestic dispute. After the entry and the abatement of the exigency, defendant’s wife consented to the officers staying in the house. United … Continue reading

Posted in Consent, Emergency / exigency, Ineffective assistance | Comments Off

CA8: Domestic call and argument where def was reported armed justified warrantless entry

In a domestic dispute where the police were called, “The warrantless entry was justified by a legitimate and objectively reasonable concern for the safety of Christina Bak and the officers. They had information that Quarterman was making Christina Bak move … Continue reading

Posted in Emergency / exigency, Reasonable suspicion | Comments Off

S.D.Ga.: Def shooting victim’s clothes could be seized from ER floor as plain view or because of exigency

Defendant arrived at a hospital ER after he was shot. His clothing was cut off him and on the floor, and the officer’s seizure was valid because it was in plain view and had clear evidentiary value from blood and … Continue reading

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

E.D.La.: Drive-by shooting led to emergency ping order which led to valid protective sweep

“Defendant lacks standing to challenge the sweep of Ms. Wells’ home. At best, Defendant was a frequent visitor to the home where he babysat children and worked on cars in the yard. Those limited connections to the home are insufficient … Continue reading

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

OH12: 911 call about overdose brought narcs and EMS; entry justified and plain view sustained

Defendant was making methamphetamine in his garage, and he overdosed on heroin. His mother found him and called 911. A narcotics officer arrived shortly before EMS, and he saw defendant on the floor with a used syringe near him. EMS … Continue reading

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

D.Mass.: Def’s quibbling in a Franks challenge is insufficient: “I’m just a ‘drug dealer’ not a ‘drug trafficker.’”

Defendant is quibbling rather than making a bona fide Franks argument that he was arraigned 11 times not 10 on other drug cases and that he was a “drug trafficker” when he insists he is just a “drug dealer.” One … Continue reading

Posted in Emergency / exigency, Franks doctrine | Comments Off

CA6: 53 days after an occurrence is hardly exigent

Detroit has a stray dog problem and passed an ordinance in 2004. The ordinance allowed warrantless entries into yards to search for and seize dogs. The district court enjoined that, and the city did not appeal. On individual claims, an … Continue reading

Posted in Administrative search, Emergency / exigency | Comments Off

OR: Exigency-based entry into house for DUI arrest requires proof of exigency, and here it was lacking

Here the officer entered defendant’s home in a DUI case to seize him for evidence of his intoxication. Exigency can permit an entry, but the state has the burden of proof on exigency, and here it failed to prove the … Continue reading

Posted in Arrest or entry on arrest, Drug or alcohol testing, Emergency / exigency | Comments Off

PA: Screams that drowned out officer’s knocking led to exigent entry

“In this case, exigent circumstances justified the officers’ warrantless entry into Appellant’s house. The evidence adduced during the suppression hearing demonstrates that on the evening in question, police officers received reports of someone screaming, someone bleeding, and someone with a … Continue reading

Posted in Consent, Emergency / exigency | Comments Off

UT: Potentially missing 65 yo man led to welfare check entry of his house at insistence of his mother; “welfare check” entry valid

Defendant was 65, in ill-health, and his mother talked to him every day. When she hadn’t heard from him, she called the police to check on him. At the house, nobody answered the door, the lights were on, there was … Continue reading

Posted in Community caretaking function, Emergency / exigency | Comments Off