Category Archives: Emergency / exigency

OH7: House door wide open, no cars in driveway, skittish dog and a lot of dog feces justified entry on exigency

The emergency aid exception justified entry into defendant’s house where the officer reasonably feared the owner or occupant of the house was in some sort of danger based upon the front door being wide open in the middle of winter, … Continue reading

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OH5: Statute makes meth lab exigency per se; entry to freeze premises for SW reasonable

Ohio statute states that a methamphetamine lab is per se an exigency, and the officer’s seizure without a search warrant to get a search warrant was reasonable. State v. Umstead, 2017-Ohio-698, 2017 Ohio App. LEXIS 691 (5th Dist. Feb. 24, … Continue reading

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CA4: Pre-Rodriguez stop was valid under law at time

Rodriguez was decided after the stop, and the circuit recognized de minimus delays in the stop. Moreover, the stop is not calculated merely by time: “Under Digiovanni and other pre-Rodriguez cases, that Deputy McMurray may have been able to end … Continue reading

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D.Ore.: Def stopped at roadblock from Malheur National Wildlife Refuge could be searched again after he went back to talk others into leaving

Defendant arrived at the Malheur National Wildlife Refuge in January 2016. After arrests and the killing of one, he decided to leave and encountered a roadblock where he was briefly searched. Officers asked if he would go back to the … Continue reading

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D.Conn.: Shots fired call is not per se exigency; totality standard must apply

A shots fired call is not carte blanche exigency–the totality of circumstances must still be examined. Here, the court finds no exigency for the warrantless entry or protective sweep and that the exclusionary rule should be applied. The costs aren’t … Continue reading

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D.Nev.: No actual or apparent authority to consent shown; presence of gun in motel room not exigency per se

Actual authority to consent and apparent authority in a motel room are two different things. Here, the government can’t show either on this record. The possibility of a gun in the room is not an exigent circumstance. United States v. … Continue reading

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NY Co.Ct.: Need for an emergency entry doesn’t need to rise to PC

Uncorroborated hearsay statement defendant was suicidal was still enough for an emergency entry. The need for an emergency entry doesn’t even necessarily have to rise to the level of probable cause. People v. Ormanian, 2016 NY Slip Op 26456, 2016 … Continue reading

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M.D.La.: Officer’s claim of a burglary in progress and that a protective sweep was justified was completely unjustified

It should have been apparent to the officers that the defendant was a friend of the homeowner and was a guest in the premises, and their entry was unjustified under a claim of a burglary in progress or that a … Continue reading

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NM: No proof of common authority for consent by an occasional visitor; state doesn’t recognize apparent authority

The evidence did not show the consenter had common authority, and New Mexico does not recognize apparent authority. The exception for protective sweep and the community caretaking function also didn’t apply because there was no bona fide need for either. … Continue reading

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S.D.Ind.: Spending money is not an exigent circumstance justifying a warrantless search to recover the money

Defendant spending money is not an exigent circumstance justifying a warrantless search to recover the money. United States v. Jett, 2017 U.S. Dist. LEXIS 13544 (S.D. Ind. Feb. 1, 2017):

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