Category Archives: Emergency / exigency

D.N.J.: Entry to deal with mental health crisis was with exigent circumstances

Police get a tip that plaintiff was a mental health danger to himself or others, and they entered his house with a mental health professional to examine him. That person found plaintiff in need of involuntary commitment. “All of those … Continue reading

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MA: Pinging a cell phone is a search, but here it was with exigent circumstances

Pinging a cell phone to find its location was a search under the Massachusetts Constitution and Fourth Amendment, but it was reasonable because the state showed true exigent circumstances. Commonwealth v. Almonor, 482 Mass. 35 (Apr. 23, 2019). Washington declines … Continue reading

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ScotusBlog: Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver

ScotusBlog: Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver by Amy Howe:

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MO: Warrantless blood draw from unresponsive person requires SW [issue also pending in SCOTUS]

The warrantless blood draw here was without exigent circumstances. The state instead relies on state statute, which the court finds a warrantless blood draw from an unresponsive person violates the Fourth Amendment. State v. Osborn, 2019 Mo. App. LEXIS 542 … Continue reading

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KY: Possession of MJ on one’s person away from home doesn’t create exigency for search of house

Defendant’s possession of marijuana on his person away from his house didn’t create exigent circumstances for a search of it. Giles v. Commonwealth, 2019 Ky. App. LEXIS 6= (Apr. 12, 2019). Installation of an electronically read gas meter was a … Continue reading

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PA: Officer safety was not presumed to be exigency where def did nothing to warrant fear he’d use a weapon by merely refusing consent and walking away

Exigency of officer safety did not permit officers to search defendant’s garage. They came without a search warrant to arrest a third person. Defendant denied anyone else was there, refused to consent to a search, and turned and walked away. … Continue reading

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TX10: Exigency and protective sweep justified entry after a shooting

“The evidence presented at the suppression hearing, when viewed in the light most favorable to the trial court’s ruling, supports the denial of Weems’s motion to suppress based on either the exigent-circumstances or protective-sweep doctrines. … Specifically, once Taylor opened … Continue reading

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S.D.Cal.: Fire call about structure fire was erroneous, and further entry into backyard was unreasonable

The San Diego County Fire Department got a call about a structure fire. When they arrived, it turned out to be a small fire in a brush pile in defendant’s backyard that was virtually out. The exigency dissipated and it … Continue reading

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CA11: Warrantless search of crawlspace after hostage standoff was reasonable

After a hostage standoff, police officers’ warrantless search of defendant’s crawlspace for other potential hostages was reasonable based on what they knew and didn’t know. United States v. Cooks, 2019 U.S. App. LEXIS 9775 (11th Cir. Apr. 2, 2019):

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D.Ore..: Running drug dog around car after a DUI arrest was reasonable

Defendant was arrested for DUII and there was probable cause. “As Mr. Aruiza-Andrade was under arrest, the further delay while a canine was summoned did not unlawfully extend the traffic stop.” United States v. Aruiza-Andrade, 2019 U.S. Dist. LEXIS 53788 … Continue reading

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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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