Category Archives: Emergency / exigency

CA1: Police had good reason to know drug dealing before knock and talk; they knocked, heard running, and door was sealed; breaking in was reasonable

Prior to the police coming to the door, they knew that six figures in cash had been removed from the place in a plastic bag. When they knocked, they heard running and the door was sealed shut. “Given the totality … Continue reading

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

IA doesn’t recognize officer’s mistake of law

Defendant was stopped in what was thought to be a county park after midnight, but there was no proof that the park was properly established or had closing hours. Assuming that the officer committed a mistake of law, Iowa does … Continue reading

Posted in Emergency / exigency, Reasonableness | Comments Off

MO: Two week old information in call to child maltreatment hotline was not stale nor without exigency

A call to a child maltreatment hotline was made two weeks after the observation that motivated the phone call. The exigency still existed for a warrantless entry. State v. Prince, 2017 Mo. App. LEXIS 348 (April 25, 2017). Defendant’s vehicle … Continue reading

Posted in Emergency / exigency, Pretext, Staleness | Comments Off

CA4: Exigency didn’t justify search of a car for a weapon where there was no threat and no gun crime

Defendant was stopped and arrested on a police call, but it wasn’t for a gun crime. Therefore, because defendant was cooperative and the scene was completely under control and there were no confederates involved, a search of the car for … Continue reading

Posted in Emergency / exigency | Comments Off

Cal.2d: Emergency aid search of wrong house was still objectively reasonable

Based on a police dispatch of a screaming woman who was also moaning in distress, the police went to the address (2314) given and entered. They did not find the woman and kept looking upstairs and in closets and found … Continue reading

Posted in Emergency / exigency, Reasonableness | Comments Off

W.D.Ky.: Police responding to a panic alarm developed PC for a SW from MJ smell

Police responded to a panic alarm at defendant’s home. He was defensive and really didn’t want them around. They could smell burnt marijuana coming from the house. A sweep was conducted, and then the police obtained a search warrant. The … Continue reading

Posted in Emergency / exigency, Probable cause | Comments Off

W.D.Ky.: A safe can’t be seized under plain view during an emergency entry after a shooting; its contents are unknown

“Here, police were investigating a serious crime involving gunfire and could not account for a victim. Based on the totality of evidence that the officers were aware of at the time they decided to make entry into the residence, it … Continue reading

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

M.D.Pa.: Knocking and getting no answer is not exigency

The entry into defendant’s house on probable cause but without an arrest warrant was unreasonable. The officers claimed exigency from the fact they announced and nobody answered. After the entry, the police went to defendant’s wife and told her of … Continue reading

Posted in Emergency / exigency | Comments Off

E.D.Tex.: Suicide by cop as exigency requires actual engagement with law enforcement

The government’s claim of exigency from an alleged fear of “suicide by cop” is rejected here. “The Government invokes the inherent danger of suicide and, in particular, suicide by cop, but suicide by cop requires engagement with law enforcement. The … Continue reading

Posted in Emergency / exigency | Comments Off

CA9: Hearing apparent domestic abuse inside from choking and threatening to use a gun justified police entry

“The district court properly concluded that probable cause and exigent circumstances justified the police officers’ warrantless entry into the apartment. The officers heard Harris and Leanna Devad fighting; witnesses reported hearing choking sounds and hearing Devad say that Harris had … Continue reading

Posted in Emergency / exigency | Comments Off