Category Archives: Emergency / exigency

MD: A local humane society can seize animals in distress by delegation under state statute but only with exigency

A local humane society can seize animals in distress by delegation under state statute but only with exigency and only to the extent necessary to protect the animal. Rohrer v. Humane Soc’y of Washington Cty., 2017 Md. LEXIS 456 (June … Continue reading

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RI: No apparent authority to consent shown; police merely assumed consenter lived there, but she didn’t

The person asked for consent didn’t live there, and the officers made no attempt to find out whether she did. They just assumed she did. The state’s alternative argument of exigency is rejected because the officers never testified to any … Continue reading

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CA9: LAPD’s and California’s 30 day vehicle impoundment policy violates 4A

LAPD’s and the State of California’s policy of requiring all impounded vehicles be held 30 days violates the Fourth Amendment. Plaintiff loaned her car to her brother-in-law who was arrested for a suspended license, and the car was impounded. She … Continue reading

Posted in Emergency / exigency, Reasonableness, Seizure | Comments Off

CA8: Def retreating from a threshold arrest creates exigency

Defendant came to the doorway of his camper to be arrested, but he “retreated” and turned to go back inside with the officer still holding on to him. A look for a gun, finding one, was reasonable under Santana. United … Continue reading

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NE: Evidence of a recent burglary justifies entry on exigency

“Courts generally find sufficient exigent circumstances to justify the warrantless entry into a home when a police officer reasonably believes that a burglary is in progress or was recently committed therein. A burglary indicates an immediate need to secure the … Continue reading

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CA9: Exigency supported entry into hotel room when there was another child inside in child sex exploitation case

Defense counsel was not ineffective. The search of defendant’s hotel room for evidence in a child sex exploitation case after she escaped from the room and talked to the police was based on exigency. “ The officers also had exigent … Continue reading

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OH9: Potential working meth lab was exigency for entry

Officer’s seeing meth through window and then bottles used for making meth suggested making methamphetamine which is recognized as an exigency. State v. Secriskey, 2017-Ohio-4169, 2017 Ohio App. LEXIS 2217 (9th Dist. June 7, 2017). Defendant gets limited discovery of … Continue reading

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N.D.Ala.: Nailed down plywood sheet wasn’t subject to removal under protective sweep but other exigency for search shown

Police entered because of a hostage situation. Removal of a nailed down plywood cover wasn’t valid as a protective sweep, but it was under exigent circumstances. United States v. Cooks, 2017 U.S. Dist. LEXIS 83992 (N.D.Ala. April 28, 2017), adopted, … Continue reading

Posted in Dog sniff, Emergency / exigency, Protective sweep | Comments Off

VT: SWs for animals are different than for other property; more likely subject to exigency

Search warrants for animals are different than for other property in that they are alive and more likely subject to exigent circumstances because animal welfare is always a consideration. When executing a warrant for two animals, others apparently in distress … Continue reading

Posted in Emergency / exigency, Scope of search | Comments Off

N.D.W.Va.: Officers arrived at an injured person call, and the assailant wasn’t around; protective sweep permissible

“Here, the officers arrived to a chaotic scene. The Defendant was severely injured after being hit by a bottle. There were at least two other individuals present. The Police were told the assailant, who had demonstrated his violent nature, was … Continue reading

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