Category Archives: Emergency / exigency

MA: Trial judge’s omission of significant facts made finding of no exigency error

The trial judge’s finding that there were no exigent circumstances is reversed. Her findings of fact omitted serious facts in support of exigency, and thus was clearly erroneous. Commonwealth v. Arias, 2017 Mass. App. LEXIS 148 (Nov. 9, 2017):

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DE: Probation absconder didn’t have standing in another person’s property; alternatively, probation absconding is exigency

Defendant was a probation absconder, and he did not have standing to contest a search of another probationer’s camper. Even if defendant did have standing, the probation officers substantially complied with departmental guidelines. Defendant’s presence as an absconder from probation … Continue reading

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OH1: Warrantless search of def’s cell phone in kidnapping investigation was reasonable and justified by exigency

The warrantless search of defendant’s apartment, his person, and his cell phone was justified by exigent circumstances under the Fourth Amendment because the still-missing kidnapping victim’s life was in danger. The police reasonably believed that his phone had been used … Continue reading

Posted in Cell phones, Emergency / exigency, Protective sweep | Comments Off

S.D.Tex.: Third Leon test essentially shores up PC here

The affidavit for the child pornography search warrant here was issued at least with a reasonable belief in probable cause under the third Leon test. [The court should have just found probable cause because it certainly looks like there is … Continue reading

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DE: 14 yo could consent to entry to look for missing person

The search of the house was valid both by apparent authority to consent and the emergency aid doctrine. The victim was missing, and the consenter was a 14 year old with a key. The consent was solely to look for … Continue reading

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DE: Warrantless entry into def’s home seeking a man for questioning in a week old murder violated 4A

Police had no warrant to enter defendant’s house looking for another person for questioning in a robbery-homicide, not to arrest him. The alleged need for a security sweep violated the Fourth Amendment because the police were searching for a third … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency | Comments Off

CA10: That search violated CO Const. was not an issue for federal court (on habeas)

Petitioner’s habeas argument that the search of his home violated the Colorado Constitution has nothing to do with a federal conviction where the search complied with the Fourth Amendment. In any event, he already lost on that issue in the … Continue reading

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CA1: There was no “doorway arrest” under Santana when ptf was behind a locked door the entire time

Police entered plaintiff’s house without a warrant to arrest him. An hour had passed, and any exigency was long gone. As for whether this could be a “doorway arrest” under Santana, that too is rejected because plaintiff was behind a … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Qualified immunity | Comments Off

IL: 911 call about a beating in a house supported emergency entry and plain view; without record of suppression hearing, trial testimony can be used on appeal

911 was called because defendant had just beaten an alleged prostitute and people heard glass breaking and her yelling for help. Defendant admitted beating her. He failed to include a copy of the record of the suppression hearing in his … Continue reading

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M.D.La.: No standing in a stolen car

The stop was justified by a seatbelt violation, but defendant didn’t have standing because the car was stolen. United States v. Joseph, 2017 U.S. Dist. LEXIS 123893 (M.D. La. Aug. 7, 2017). The landing in front of an apartment is … Continue reading

Posted in Curtilage, Emergency / exigency, Standing | Comments Off