Category Archives: Emergency / exigency

CA4: Stopping men right after shots were fired to look for guns was reasonable

Officers on patrol heard gunshots and arrived within 35 seconds and saw a group of men dispersing. The directed then to stop while shining flashlights on them, and the directed the men to pull up their shirts. Only defendant didn’t, … Continue reading

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CA6: Officers acted reasonably in entering house based on dispatcher’s call of young man threatening mother with knife or gun or both

“The facts here indicate that a reasonable person in the officers’ position would indeed believe that entry was necessary to prevent physical harm. The reasonableness standard of the Fourth Amendment requires us to examine the officers’ actions in response to … Continue reading

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TX1: Warrantless DUI arrest then blood draw without exigency suppressed

After an accident where defendant was alleged to have killed a motorcyclist, defendant waited for the police at a gas station. They took him to the scene and then arrested him. This was followed by a warrantless blood draw. The … Continue reading

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E.D.Ky.: Entry into the curtilage for knock-and-talk ended up a hot pursuit and abandonment

Officers came to defendant’s home for a knock-and-talk, and he saw them and fled, and the USMJ credited that the officers could see him discard a drug container. The court finds this was hot pursuit. “Of course, the Versailles police … Continue reading

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TX14: Exigency permitted seizure of cell phone where officer thought def was deleting things from it anticipating its search

The officer was justified in seizing defendant’s cell phone when there was probable cause and it appeared that defendant might be deleting things from it. Also, no great detail required to identify a cell phone for a search warrant. Gutierrez … Continue reading

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W.D.Va.: Looking through porch window was a search, but justified by officer safety

Looking in the porch window is a violation of the curtilage and a search. Here, however, it was justified by the exigency of officer safety. United States v. Macdowell, 2019 U.S. Dist. LEXIS 139432 (W.D. Va. Aug. 19, 2019). As … Continue reading

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N.D.W.Va.: Warrantless entry to prevent destruction of evidence pending SW was reasonable

A warrantless protective sweep before obtaining a search warrant to prevent possible destruction of evidence was reasonable. A search warrant was later obtained [inevitable discovery]. United States v. Beazel, 2019 U.S. Dist. LEXIS 136901 (N.D. W.Va. Aug. 14, 2019).* The … Continue reading

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S.D.Ohio: Officer’s claimed exigency expired during the delay waiting for an ambulance; warrantless entry invalid

Two defendants had standing in a camper. The officers’ warrantless entry into it was without exigency because the exigency, if it existed, passed. It was based on a suspected overdose, but the officer admitted he had only a couple of … Continue reading

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E.D.Mo.: 30 minute delay before warrantless entry with a key in learning all they could didn’t nullify exigency

The officers’ delay of 30 minutes or less before entering on exigent circumstances was not unreasonable. They were actively investigating, gathering information, and didn’t want to act precipitously. “The officers concluded as much investigation as they could on an immediate … Continue reading

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Cal.: Case law permitting “community caretaking function” entry into a home without true exigency is overruled

People v. Ray, 21 Cal.4th 464, 88 Cal. Rptr. 2d 1, 981 P.2d 928 (1999) that created a limited “community caretaking function” entry into a home without true exigency is overruled. By case law, that exception is limited to vehicles, … Continue reading

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WA: EMTs would be medicating and intubating def in transit after car wreck, and that’s exigency for warrantless blood draw

Defendant was in a bad wreck and the first responders could smell alcohol. He was going to be medicated and intubated for transport to the ER. A warrantless blood draw was reasonable for exigent circumstances because the sample would have … Continue reading

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M.D.La.: Use of word “clear” to describe certain facts wasn’t a Franks violation; removing it still leaves PC anyway

Defendant challenges the use of the word “clear” to describe the facts, which is supported by the facts. “[E]ven if the Court finds that the challenged statement was false and orders it stricken from the affidavit, the Court finds that … Continue reading

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