Category Archives: Emergency / exigency

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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D.Md.: Failure to get a SW for BAC required suppression here; well established procedures were in place

A stop on a U.S. Park property led to a warrantless blood draw which is suppressed because there was no effort to get a warrant despite a well-known procedure in place to do so. “Further, the government’s argument that the … Continue reading

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W.D.Pa.: 4A doesn’t require closer questioning of one claiming a serious emergency that proved to be false

Officers responded to a 911 call that six shotgun toting men broke into a house. They talked to the caller at the scene. The front door was open. They knocked and announced and entered. Doing a protective sweep of the … Continue reading

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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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