Category Archives: Emergency / exigency

IL: Delaying stop to call car rental company wasn’t reasonable

Defendant was driving a Hertz rental car, and the delay of the stop to call Hertz was not within the mission of a traffic stop for speeding. “Similarly, we reject the State’s argument that the call to Hertz can be … Continue reading

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PA: Theft of a firearm isn’t exgency for warrantless search of a house

Defendant’s alleged theft of a firearm the day before was not an exigent circumstance for a warrantless entry into his home. Commonwealth v. Gray, 2019 PA Super 175, 2019 Pa. Super. LEXIS 541 (May 31, 2019). In fact, the person … Continue reading

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D.Colo.: To just say a SW is “stale” in a motion to suppress says nothing; def has to show how or why it is stale

Defendant “cannot simply state general legal principles and expect the Court or the Government to figure out what he means to argue. Burciaga bears the burden here, and this ‘argument’ does not satisfy it. Accordingly, the Court will not inquire … Continue reading

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AL: Children missing after mother’s murder was exigency for entry of house

Defendant was believed to have dismembered the mother of his children and the children couldn’t be found. Police got an address and went there but didn’t get an answer. They went to her parents’ house who sent them back to … Continue reading

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DE: Def’s flight from parole and recent crimes were exigency for cell phone ping

There was exigency for an emergency cell phone ping to locate defendant. He’d just committed enough crimes to get sentenced to life and he was on the run from police. State v. Snell, 2019 Del. Super. LEXIS 249 (May 21, … Continue reading

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D.N.J.: Entry to deal with mental health crisis was with exigent circumstances

Police get a tip that plaintiff was a mental health danger to himself or others, and they entered his house with a mental health professional to examine him. That person found plaintiff in need of involuntary commitment. “All of those … Continue reading

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MA: Pinging a cell phone is a search, but here it was with exigent circumstances

Pinging a cell phone to find its location was a search under the Massachusetts Constitution and Fourth Amendment, but it was reasonable because the state showed true exigent circumstances. Commonwealth v. Almonor, 482 Mass. 35 (Apr. 23, 2019). Washington declines … Continue reading

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ScotusBlog: Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver

ScotusBlog: Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver by Amy Howe:

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MO: Warrantless blood draw from unresponsive person requires SW [issue also pending in SCOTUS]

The warrantless blood draw here was without exigent circumstances. The state instead relies on state statute, which the court finds a warrantless blood draw from an unresponsive person violates the Fourth Amendment. State v. Osborn, 2019 Mo. App. LEXIS 542 … Continue reading

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KY: Possession of MJ on one’s person away from home doesn’t create exigency for search of house

Defendant’s possession of marijuana on his person away from his house didn’t create exigent circumstances for a search of it. Giles v. Commonwealth, 2019 Ky. App. LEXIS 6= (Apr. 12, 2019). Installation of an electronically read gas meter was a … Continue reading

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PA: Officer safety was not presumed to be exigency where def did nothing to warrant fear he’d use a weapon by merely refusing consent and walking away

Exigency of officer safety did not permit officers to search defendant’s garage. They came without a search warrant to arrest a third person. Defendant denied anyone else was there, refused to consent to a search, and turned and walked away. … Continue reading

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TX10: Exigency and protective sweep justified entry after a shooting

“The evidence presented at the suppression hearing, when viewed in the light most favorable to the trial court’s ruling, supports the denial of Weems’s motion to suppress based on either the exigent-circumstances or protective-sweep doctrines. … Specifically, once Taylor opened … Continue reading

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