Category Archives: Emergency / exigency

OH11: Specific and articulable facts, including bullet casings in front of house and bullet holes in house, supported an entry an hour later

“[T]he officers had a reasonable belief based on specific and articulable facts to search for injured people” based on bullet casings in the street and bullet holes in the house even when the waited an hour. They didn’t have to … Continue reading

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CA3: Expired rental agreement justified extending the stop

Defendant’s rental agreement had expired, and calling the rental company prolonged the stop. Whether the dog alerted or not wasn’t obvious on the dashcam video, but the district court found that it did, and that’s a found fact, and it’s … Continue reading

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D.Utah: Officers had no objective information supporting exigency for entry

The officers had no objective information that even suggested that a protective sweep was required here, and the warrantless entry into the home was unreasonable. Moreover, the claimed consent wasn’t voluntary. United States v. Lawley, 2018 U.S. Dist. LEXIS 125920 … Continue reading

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ME: Def was about to go into surgery after suspected DWI and accident; warrantless blood draw was with exigency and PC

Defendant was in a serious accident, and he was about to go into surgery. The blood draw at the request of the police was with exigent circumstances and probable cause. State v. Palmer, 2018 ME 108, 2018 Me. LEXIS 111 … Continue reading

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M.D.La.: Leaving one’s garage door open is not a waiver of REP or standing

Defendant’s garage door was left open, and that reduced his reasonable expectation of privacy in it, but that didn’t mean he had no standing. By leaving open the garage, defendant didn’t invite the police in, and exigent circumstances or a … Continue reading

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LA5: Knock-and-talk cannot be used to create exigency

Officers came to defendant’s house because a couple of drug suspects had visited him. The officers’ knock-and-talk didn’t gain them entry into the house, and a knock-and-talk can’t be used to create exigent circumstances. A protective sweep was unjustified because … Continue reading

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NY3: No exigency justified this entry; exclusionary rule applies in NY probation revo proceedings

There was no emergency basis for entry into defendant’s apartment, a probationer. The police understood that another person might be there who they were curious about. Still, there was no justification for the warrantless entry with gun drawn at midnight. … Continue reading

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GA: Trial judge’s order of defense counsel to be drug tested violated 4A; ADA’s SW for blood test next day was valid, however

Defense counsel appeared to the trial judge to be under the influence of something, and the judge ordered a recess. Defense counsel came back to finish the trial after a few hours, and the condition still existed. The court ordered … Continue reading

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N.D.W.Va.: No standing in car where permission to borrow had been revoked

Defendant had permission to possess and drive a car for a while, but it had been rescinded by the time of the search. Therefore, he lacked standing in the car. United States v. Leclear, 2018 U.S. Dist. LEXIS 106550 (N.D. … Continue reading

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W.D.Mo.: Unaccounted for gun and likely presence of another inside was exigency for entry to look for it

Defendant was arrested outside his house, and a firearm expected to be on him was not found during his search incident. There was expected to be another person in the house, and that, coupled with the unaccounted for gun, was … Continue reading

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MO erroneously suggests bad faith for exclusionary rule requires pattern and practice evidence

The question of consent from a disturbed and hallucinating man is moot–the state relies on exigent circumstances. In the process, however, the court suggests that defendant’s argument the police acted with bad faith might require pattern and practice evidence of … Continue reading

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TX: Even if suppression motion is made in trial, state bears burden on a warrantless search

Whether a motion to suppress is filed pretrial or during trial, if the search is shown to be warrantless, the burden shifts to the state to prove the legality of the warrantless search. White v. State, 2018 Tex. Crim. App. … Continue reading

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