Category Archives: Emergency / exigency

MA: There were objectively PC and exigency for a warrantless search of def’s hands for DNA from a homicide

There was objective probable cause for a warrantless search of defendant’s hands for potential DNA in a murder case because it was easily destructible. There was also sufficient probable cause for a search warrant for his apartment for further evidence … Continue reading

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MA: No objective basis for officers to believe exigency occurred at premises of 911 call to support a warrantless entry

Officers had no objective basis to believe that there was an exigency for entry into defendant’s premises. There was a 911 call but nothing at the scene, including talking to people there, supported any inference that anything was wrong there. … Continue reading

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D.Mass.: Realtime CSLI on exigency was reasonable under Carpenter

Warrantless realtime CSLI for exigency did not violate Carpenter. Indeed, exigencies are contemplated by Carpenter. [Aside from the fact Carpenter came after all this happened.] Defendant also consented to other seizures. United States v. Saemisch, 2019 U.S. Dist. LEXIS 32706 … Continue reading

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D.N.M.: Meth possession is a ‘serious crime’ for purposes of a warrantless entry into a home for the destruction-of-evidence exception

The court “will not suppress the evidence obtained pursuant to the BCSO deputies’ search. The Court agrees with the United States’ contentions that the BCSO deputies acted reasonably when they entered Cruz’ home without a warrant, because they satisfy the … Continue reading

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CA1: Potential for immediate destruction of evidence in this case permitted entry onto the curtilage to check def’s truck

Defendant was accused of traveling from New Hampshire to Maine to shoot his wife after breaking in the house she was staying in. Officers in Maine reported to New Hampshire police the shooting, and they went to defendant’s house. They … Continue reading

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D.Minn.: Exigent cell phone ping not barred by Carpenter

An exigent circumstances cell phone ping was not prohibited by Carpenter. United States v. Andrews, 2019 U.S. Dist. LEXIS 26283 (D. Minn. Feb. 20, 2019):

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CA7: SW affidavit failed to show nexus, but it was close enough for GFE

The affidavit for a search warrant for a third person’s home where defendant spent a lot of time was deficient on showing nexus and defendant’s connection to it, but it otherwise showed probable cause. Actually, right after three controlled buys, … Continue reading

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IN: Long term missing person report and house in disarray justified emergency entry

A missing person report which included no birthday call for the only time in the person’s life with a house in disarray here justified a warrantless entry into the house to see what was going on. The entry was valid … Continue reading

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NM retains subjective element of the emergency aid doctrine for a warrantless entry from its prior case law

New Mexico retains subjective element of the emergency aid doctrine for a warrantless entry from its prior case law. It rejects that part of Brigham City v. Stuart under state constitution. State v. Yazzie, 2019 N.M. LEXIS 2 (Jan. 24, … Continue reading

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CA4: Once def knew he was target of a child porn investigation, exigency for seizure of cell phones was apparent

In interviewing the defendant about possible possession of child pornography, his answers created exigent circumstances for seizure of his cell phone because he was well aware of what he was accused of and could then destroy evidence. The two day … Continue reading

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IL: Fatal accident alone not PC for blood draw; no exigency argued either

Just because defendant was involved in a fatal accident where his passenger died, there wasn’t probable cause for a blood draw. The state did not argue exigent circumstances below or on appeal, but that would also require probable cause. People … Continue reading

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FL5: Apparent ongoing animal abuse is an exigency permitting entry onto curtilage

Police responded to a call about suspected animal abuse and a beating of a dog. When the officer arrived he could hear the beating, and he came into the backyard and saw a bloodied dog with his tongue out. The … Continue reading

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