Category Archives: Emergency / exigency

NJ: Waiting for a SW isn’t exigency to enter a home, but that wasn’t clearly established in 2008 for § 1983 purposes

In 2008, officers entered and seized plaintiff’s home while waiting for a search warrant. In a § 1983 and N.J. Civil Rights Act case, it was not clearly established at the time that that was unreasonable. He gets qualified immunity, … Continue reading

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OR: Emergency aid exception applies to animals in distress

The emergency aid exception applies to animals in distress. Here it was cattle. State v. Hershey, 286 Ore. App. 824, 2017 Ore. App. LEXIS 907 (July 19, 2017). There was plenty of probable cause, but defendant’s Franks argument that the … Continue reading

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M.D.La.: Any exigency ended with def’s arrest; no facts showed others present

Any exigency involving defendant in his house evaporated when he was arrested and handcuffed. The mere possibility others are present can be exigency, but it requires pointing to actual facts, not possibilities. The court credits defendant’s own testimony damaging to … Continue reading

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NY4: Not granting a continuance of suppression hearing for unavailable witnesses was an abuse of discretion

The trial court erred in granting the motion to suppress for the nonattendance of its police witnesses after they were subpoenaed but didn’t show. The state sought an adjournment which the trial court denied. It was the first request for … Continue reading

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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

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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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