Category Archives: Emergency / exigency

D.N.M.: A “manpower shortage” for seizure of possible evidence isn’t exigency without PC

Defendant consented to a search of his car and his hotel room, but not to a search of his guitar case in the room. Thinking there might be drugs there, the officer seized the guitar case to preserve the potential … Continue reading

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NH: When an overdose call is made to 911, it isn’t unreasonable for a police officer to enter with EMTs or the FD

When an overdose call is made to 911, it isn’t unreasonable for a police officer to enter with EMTs or the fire department. State v. Eldridge, 2020 N.H. LEXIS 18 (Feb. 19. 2020):

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TX3: Officer’s conviction for official oppression for exigentless warrantless entry into home affirmed

A police officer was convicted of official oppression for an entry into premises without exigent circumstances. “[W]e conclude that there is legally sufficient evidence supporting the jury’s determination that exigent circumstances did not justify the warrantless entry into Nutt’s trailer … Continue reading

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D.Kan.: Police responding to a shooting call did a protective sweep for other victims and saw a mushroom grow; it was a reasonable look in the room

Police and paramedics responded to a shooting call where the victim was shot through his door. While inside, police checked for other victims and saw a mushroom grow operation in a bedroom. That led to a search warrant, and the … Continue reading

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CA1: No exigency for warrantless entry on a DV complaint even with a known gun in the house, and unconnected to the complaint

PR police were called to a DV situation involving a police officer as a suspect. The officer’s firearm did not factor into the DV complaint, and the argument wasn’t even face-to-face. The mere fact of a gun in the house … Continue reading

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NJ: State failed to show exigency for warrantless phone records search

Under New Jersey statute and constitution, cell phone records and CSLI required a showing of probable cause and a court order since 2010. Exigent circumstances were a recognized exception, and the state failed to show exigency here. State v. Manning, … Continue reading

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CA11: Domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims

A domestic disturbance call with a report of shots fired permitted a warrantless entry and then a protective sweep for victims: “Based on the 911 call reporting gunshots and a domestic disturbance, combined with Peacock’s initial observations upon arriving at … Continue reading

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CA6: 15 dogs abandoned in a house living in squalor was exigency for warrantless entry

Plaintiff kept 15 dogs in her house in squalor. She went out of town and didn’t provide for them. Her “associates” reported the situation to animal control and they entered the house and seized the animals. The entry and seizure … Continue reading

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D.Kan.: Seeing shot man slumped against window in a motel room is quite obviously exigency

Clearly exigent circumstances for a warrantless entry into a motel room: “Based on the facts in this case, the court finds that the officers had a reasonable basis to believe that there was an immediate need to protect the safety … Continue reading

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ND: Emergency entry into on-duty police officer’s home was reasonable when he didn’t come back from extended lunch break and patrol car was outside running and he didn’t answer radio, phone, or door

Defendant was a police officer who sought and was allowed a two hour lunch break. When he didn’t come back from lunch and he didn’t answer his radio or cell phone, the department dispatched another officer to his house. Outside, … Continue reading

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Cal.1: Refusing entry to home for police to investigate gunshots outside wasn’t exigency

Gunshots were fired outside a defendant’s home. The police showed up, and he refused entry. They couldn’t use the excuse that somebody inside might need aid. People v. Rubio, 2019 Cal. App. LEXIS 1245 (1st Dist. Dec. 13, 2019):

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E.D.Wis.: Reasonable fear def was burning stolen mail was sufficient for officers to approach burn pit

Officers had probable cause for defendant, a part time postal worker, for stealing mail, and they surveilled his house and property. They saw a fire in burn pit, and they were concerned it was stolen mail, so they entered. They … Continue reading

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NY2: Responding to a domestic call, the unmistakable sounds of an assault from inside justified warrantless entry

Police responded to an apparent domestic call. The officers at the door “heard a woman being beaten inside the apartment, heard her scream, and heard a male saying, ‘shut up’; and no one responded to the officers’ repeated knocks on … Continue reading

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E.D.N.C.: Officers came to the door with PC but no warrant; def’s shutting door and moving around inside led officers to believe he was destroying evidence, and entry was justified

When officers came to the door with probable cause for the presence of marijuana, defendant’s shutting the door and moving about inside for up to 90 seconds created apprehension that he was destroying evidence. Also, there was at least reasonable … Continue reading

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W.D.Va.: Ongoing DV disturbance is exigency for a warrantless entry

“When Officer Hill entered Gates’s home, he held the reasonable belief that a violent domestic disturbance was ongoing, and that a woman was present in the residence and involved in the disturbance. This gave rise to a reasonable belief in … Continue reading

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IL: State’s delay in getting blood draw showed no exigency for dispensing with warrant

State’s own delays in attempting to get a blood draw showed lack of exigency for it. People v. Eubanks, 2019 IL 123525, 2019 Ill. LEXIS 1235 (Dec. 5, 2019):

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