Category Archives: Emergency / exigency

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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D.Mass.: The govt had burden on exigency and it failed

The government failed to prove that exigency justified its warrantless entry. United States v. Caballero, 2018 U.S. Dist. LEXIS 182505 (D. Mass. Oct. 24, 2018)*:

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IN: Backpack of arrested motorcyclist was subject to SI

Defendant was stopped on a motorcycle and had a backpack. An arrest warrant was found for defendant, and his backpack was subject to a search incident. State v. Crager, 2018 Ind. App. LEXIS 385 (Oct. 25, 2018). There was no … Continue reading

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ME: First blood draw was potentially contaminated, so second was valid under exigent circumstances

The state showed by a preponderance of the evidence that there were exigent circumstances for a warrantless blood draw. Natural dissipation of alcohol alone is not an exigency under McNealy. The first blood draw was potentially contaminated, so a second … Continue reading

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W.D.Wash.: Govt showed cause to deny return of property until 2255 was over in case of retrial

Motion for return of cell phones is denied. The government intends to keep them pending the outcome of defendant’s 2255 or the running of the statute of limitations, which ever occurs first. That’s sufficient need to deny the motion. United … Continue reading

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NJ: Officer had RS def was armed; refusal of patdown justified exigent strip search at station house

The officer had reasonable suspicion that defendant was armed, and he attempted to perform a frisk, which defendant refused. This led to a warrantless strip search which was justified by the Fourth Amendment exigency exception and by state statute and … Continue reading

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D.Haw.: “Intended recipient” of a parcel whose name isn’t on it has no standing.

As an “intended recipient” of a parcel, defendant has no standing. His name isn’t on the package as sender or recipient. United States v. Williams, 2018 U.S. Dist. LEXIS 177669 (D. Haw. Oct. 16, 2018). Officers could reasonably believe that … Continue reading

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W.D.N.Y.: A knock-and-talk can lead to seizure of a computer on exigency

After a few bizarre sexual Aol chat sessions, defendant was seeking communication from minors for sex. The police were informed and did a knock-and-talk, and he admitted the communiques and that the laptop in the room was the one involved. … Continue reading

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MN: Another’s outside storage unit at an apartment building found because its key was found during a search of the apt couldn’t be searched under apt SW

An apartment of another was searched under a warrant, and a key to a storage unit was found. The storage unit was nearby but not in the apartment, and it was in defendant’s name. Searching the storage unit in another … Continue reading

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PA: Emergency aid entry into home doesn’t permit reentry for accurate recordkeeping

A warrantless entry into a house under the emergency aid exception does not permit a reentry for administrative tasks. Accurate record keeping can’t be a justification for a warrantless entry. Commonwealth v. Wilmer, 2018 Pa. LEXIS 4917 (Sep. 21, 2018) … Continue reading

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Cal.4th: Retroactive conversion of felony MJ conviction to civil infraction didn’t require lawfully collected DNA be purged from database

California’s retroactive conversion of personal use felony marijuana convictions to civil infractions does not warrant removal of defendant’s DNA from the system. People v. Laird, 2018 Cal. App. LEXIS 841 (4th Dist. Aug. 30, 2018), ordered published Sep. 21, 2018. … Continue reading

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