Category Archives: Emergency / exigency

N.D.Ala.: No exigency for entry into home to seize gun for alleged safety of children

The entry into defendant’s house to search for a gun lacked exigent circumstances. There was nothing on which the officers could claim there was any risk. Moreover, defendant didn’t consent to their entry into the home. United States v. Mulato-Herrara, … Continue reading

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Cal.4: Warrantless seizure of def’s dashcam was reasonable on exigent circumstances; three days to get a SW wasn’t unreasonable

Defendant was convicted of reckless driving with an accident. His dashcam would have a recording of it. The dashcam was reasonably seized without a warrant on exigent circumstances. And, it wasn’t unreasonable to wait three days before getting a search … Continue reading

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KS: 911 call of person shot brought police; entry justified under exigent circumstances

Police received a call that a person had been shot at a particular address. They arrived and saw two women arguing with a man. He ran off. The officers asked if the women were hurt, and they said they weren’t. … Continue reading

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WA: Cell phone ping was a search, but here it was reasonable because of exigency

A cell phone ping is a search under the Fourth Amendment and Washington Constitutions requiring a warrant. It was reasonable here, however, because of exigent circumstances because defendant was a suspect, and the police feared he’d fled. State v. Muhammad, … Continue reading

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D.Utah: Double hearsay can support a SW

In a trade secrets theft case, reliance on double hearsay in the affidavit for search warrant was not unreasonable. The source was the company defendant worked for. Defendant relies on the elements of the trade secrets theft law and argues … Continue reading

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NY3: Working meth lab provided exigency for warrantless entry

Officers went to defendant’s house to do a knock-and-talk based on a tip he had a working meth lab. When they knocked, he ran out the back door. The officer positioned there shouted for him to stop and drop what … Continue reading

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OH8: Realtime CSLI was used only to locate def; nothing to suppress

Defendant was called by the police for an interview about a child molestation accusation, and he agreed to meet. He didn’t show. Then the police were concerned maybe he was fleeing and they sought realtime CSLI to locate him. “We … Continue reading

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E.D.Wis.: Handgun hidden in a dog house wasn’t subject to search for exigency

Defendant’s handgun was hidden in a doghouse on the curtilage. The court distinguishes other cases allowing a search for a firearm, particularly one where a loaded shotgun was publicly put in the trunk of a car and the keys left … Continue reading

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CA3: Body cavity search for baggie of drugs was reasonable because of exigency of risk of overdose

Plaintiff’s body cavity search for a baggie of drugs in her vagina was reasonable by exigent circumstances because of a legitimate fear that she could be harmed and overdose if the bag leaked. Carbone v. Salem, 2019 U.S. App. LEXIS … Continue reading

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W.D.Ky.: Stop of one suspect created exigency that occupants might destroy evidence; entry justified

The stop of one suspect created exigent circumstances for entry into the premises to freeze it until a warrant could be obtained. The police reasonably feared that occupants would learn of the stop and destroy evidence. On entry, there was … Continue reading

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CA11: Public safety exception permitted entry of hotel room on PC to neutralize a firearm

Defense counsel’s failure to object to the search of his hotel room wasn’t prejudicial because inevitable discovery applied. He was accused of brandishing a gun shortly before, and the gun hadn’t been found. Officers had probable cause to get a … Continue reading

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ID: State’s claim of exigency for warrantless entry into house was unsupported; suppression affirmed

Defendant was allegedly selling tainted marijuana from his house. Police did a warrantless entry with exigency as the excuse. There wasn’t any claim that anybody inside was in distress, and no questions about it. Suppression affirmed. State v. Sessions, 2019 … Continue reading

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