Category Archives: Emergency / exigency

IN: Def slumped over steering wheel in hospital parking lot justified look in car based on emergency aid exception

A deputy sheriff was doing off-duty security work at a hospital same day surgery parking lot when he saw the defendant slumped over his steering wheel, the door open, and the engine off. When the officer turned on his take … Continue reading

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E.D.Mich.: A 16 year old girl, over the age of consent, was in a hotel room with a 45 year old man; that alone was not exigency

A 16 year old girl, over the age of consent, was in a hotel room with a 45 year old man. That alone did not create exigent circumstances. Certainly the parents would be concerned, but there was no evidence that … Continue reading

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W.D.Okla.: DOJ subpoena issued under the Right to Financial Privacy Act was “relevant to [a] law enforcement inquiry”

A DOJ subpoena issued under the Right to Financial Privacy Act of 1978, 12 U.S.C. §§ 3401-3422 (“RFPA”). “Having carefully reviewed the United States’ detailed response, the Court finds that there is a reasonable belief that the records sought are … Continue reading

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M.D.Ala.: Emergency aid exception doesn’t apply to justify entry where victims are accounted for outside

The government didn’t meet its burden of showing the emergency aid exception applied where all the purported victims were accounted for and outside the apartment they wanted to search. The protective sweep doctrine as an alternative doesn’t apply here because … Continue reading

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NV: Even if PBT was a 4A violation, SW was moot because there was both PC and exigency for warrantless search

The trial court erred in suppressing the telephonic search warrant for defendant’s blood. Even if the PBT was unconstitutional, there was both probable cause and exigent circumstances without even considering it. State v. Sample, 134 Nev. Adv. Op. 23, 2018 … Continue reading

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D.Neb.: Def’s Franks IAC claim fails for lack of any allegations of fact

“Lloyd makes four claims of ineffective assistance of counsel. Those claims border on the ridiculous.” As to his Fourth Amendment IAC claim for not making a Franks challenge, he alleges nothing was false. United States v. Lloyd, 2018 U.S. Dist. … Continue reading

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CA9: Shell casings in front of house corroborated shooting call police received then def “blatantly lied” about somebody else in house

Police received a call about an emergency at defendant’s house. Once there, defendant came outside and promptly lied about anybody else being inside because they’d seen somebody just enter, and there were shell casings in the front yard corroborating that … Continue reading

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PA: Reasonableness inquiry always required for warrantless blood draw

Trial court failed to make a reasonableness inquiry of whether the warrantless search of defendant’s blood was objectively reasonable. Reversed and remanded. Commonwealth v. Trahey, 2018 PA Super 72, 2018 Pa. Super. LEXIS 276 (Mar. 26, 2018):

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CA10: Carelessly unloading watermelons from a box truck away from a loading dock and in middle of night with “nonsensical” answers was PC

Officers had probable cause to search defendants’ box truck. They were unloading watermelons in the middle of the night on wet grass and not at some loading dock coupled with all the unusual, vague, and even “nonsensical” excuses for why … Continue reading

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IN: Landlord saw blood in the property and called the police; this was a valid emergency entry

Defendant was an emergency contact on the property, but he lived in Chicago, not at the apartment. Therefore, he had no standing. On the merits, the landlord checked on the property and saw blood stains inside. He called police for … Continue reading

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OH12: 911 call about OD permitted seizure of drugs and paraphernalia in plain view

Officers responded to a 911 call about an overdose. When they got in the house, drugs and paraphernalia were in plain view, and they could be seized. State v. Pettiford, 2018-Ohio-1015, 2018 Ohio App. LEXIS 1073 (12th Dist. Mar 19, … Continue reading

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CA10: Three CIs corroborated each other and were independently corroborated

The affidavit for the arrest warrant was based on three CIs who corroborated each other and which were independently corroborated by the police. A Franks challenge was included that a prior search resulted in finding drugs that were not mentioned … Continue reading

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