Category Archives: Emergency / exigency

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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MA: Under state const., police created exigency by attempted warrantless arrest at home suppressed

Massachusetts interprets its state constitution to provide greater protection in the home than the Fourth Amendment. Thus, when the police come to a house without an arrest warrant, they can’t use the likelihood they will create an exigency for an … Continue reading

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TX: Officers jumped the gun on facts for exigency based warrantless blood draw; suppression affirmed

Defendant was in a “catastrophic car crash” and was at the hospital. Officers suspected defendant had been driving under the influence. Medical treatment and IVs were expected, and a warrantless blood draw was done. It turned out that it was … Continue reading

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MA: Def’s clothes can be seized and searched for trace evidence on arrest for murder

When defendant was arrested for kidnapping and murder, exigent circumstances justified seizing and then searching defendant’s clothes for trace evidence of the crime. Commonwealth v. Parker, 2018 Mass. LEXIS 807 (Dec. 7, 2018). A dead body near defendant’s apartment with … Continue reading

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WI: Body camera video showed def just went along with directions and didn’t consent; if there was consent, it was revoked

The body camera video showed neither exigency nor consent for the entry into defendant’s apartment. Silently going along with the officer’s several directives, not requests, didn’t show that defendant consented. Even if defendant had consented, the attempt to close the … Continue reading

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KS: Smell of MJ at def’s door was PC it was inside; protective sweep valid

The smell of marijuana at defendant’s door was probable cause there was marijuana inside, and that justified a protective sweep to secure the premises pending getting a warrant. State v. Hubbard, 2018 Kan. LEXIS 592 (Dec. 7, 2018):

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MN: Drunk sleeping man who’d just threatened woman with gun could be frisked for weapon under emergency exception, but not Terry

Defendant was drunk in a house allegedly threatening a woman and her infant child with a gun. He passed out. She called the police. The police entered, and defendant was asleep on the couch. They patted him down for a … Continue reading

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CA9: Police get a 911 call that def is yelling and threatening somebody in house; exigency based entry justified after talking to him

Police get a 911 call that a man was yelling and screaming at and threatening somebody, and they come to the house. At the door, defendant admits that he was because he was stressed out about “issues.” He also admitted … Continue reading

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OH2: Plain view of drugs through screen door justified entry

Officers came to an apartment with an arrest warrant. When the door inside was opened, they could see drugs in plain view within five feet of the door. It was reasonable for them to open the screen door to preserve … Continue reading

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MA: “Freezing” house for alleged prostitution for alleged exigency was unreasonable

Police “froze” a house and searched the second floor for evidence of alleged prostitution; couldn’t be justified on this record. What physical evidence would there be? Commonwealth v. Owens, 480 Mass. 1034 (Nov. 7, 2018). There was a mistake in … Continue reading

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