Category Archives: Emergency / exigency

CA5: No police wrongdoing here to support “police created exigency”

Defendant came in to the police for an interview about sex assault in the Army. As it developed, exigency for seizure of defendant’s cell phone arose. This was not a police created exigency which requires some wrongdoing on the part … Continue reading

Posted in Arrest or entry on arrest, Burden of proof, Emergency / exigency, Seizure, Warrant execution | Comments Off on CA5: No police wrongdoing here to support “police created exigency”

IN: 3 am entry into backyard to look for weapon when no one around couldn’t be justified by exigency

“There was no emergency here. Officer Eber and the trial court expressed concern that a firearm might have been lying in Hinton’s backyard and could be accessed by a child or other person. But, even if so, there was no … Continue reading

Posted in Collective knowledge, Curtilage, Emergency / exigency | Comments Off on IN: 3 am entry into backyard to look for weapon when no one around couldn’t be justified by exigency

E.D.Mich.: Claim of exaggerated facts doesn’t state Franks violation without showing intent to mislead

Defendant’s claim that the officer exaggerated some facts in the affidavit for warrant didn’t state a Franks challenge without an allegation it was done to mislead. United States v. Delgado, 2023 U.S. Dist. LEXIS 121793 (E.D.Mich. July 14, 2023). “The … Continue reading

Posted in Emergency / exigency, Nexus | Comments Off on E.D.Mich.: Claim of exaggerated facts doesn’t state Franks violation without showing intent to mislead

CA3: Saying “this is not my backpack” when shown it during traffic stop is abandonment

“Small abandoned his legitimate expectation of privacy in the backpack. Although Small arguably demonstrated a subjective expectation of privacy by attempting to hide the backpack under his seat (though this act could also be viewed as an effort to physically … Continue reading

Posted in Abandonment, Arrest or entry on arrest, Emergency / exigency | Comments Off on CA3: Saying “this is not my backpack” when shown it during traffic stop is abandonment

NJ: Smell of mj in the passenger compartment doesn’t justify search of trunk or engine compartment

Where the officer smelled marijuana in the passenger compartment and searched for it finding nothing, a search of the engine compartment and trunk was excessive under the automobile exception. From the syllabus : “Expanding the search to the engine compartment … Continue reading

Posted in Emergency / exigency, Franks doctrine, Probable cause, Scope of search | Comments Off on NJ: Smell of mj in the passenger compartment doesn’t justify search of trunk or engine compartment

RI: Exigency of hot pursuit in a homicide case made pinging cell phone reasonable

Despite Carpenter saying it is limited to historical CSLI, this court concludes there is no meaningful difference between real-time and historical CSLI under Carpenter. Exigency, however, was real. The police were in hot pursuit seeking to question defendant for a … Continue reading

Posted in Cell phones, Cell site location information, Emergency / exigency, Hot pursuit, Particularity, Prison and jail searches, Qualified immunity, Reasonableness | Comments Off on RI: Exigency of hot pursuit in a homicide case made pinging cell phone reasonable

E.D.Tenn.: Undated controlled buys had to be in five weeks before SW, and that’s not stale

The multiple controlled buys were undated in the search warrant application, but the common sense reading was that they were in the five weeks before the warrant issued. That shows an ongoing drug operation, and it’s not stale. United States … Continue reading

Posted in Collective knowledge, Emergency / exigency, Ineffective assistance, Staleness, Standards of review | Comments Off on E.D.Tenn.: Undated controlled buys had to be in five weeks before SW, and that’s not stale

FL1: If trial court refuses to unseal SW affidavit, in camera review must be sought to preserve issue

Defendant sought unsealing of the search warrant affidavit which the state successfully resisted on the ground of informant privilege in other ongoing investigations. The defense never sought in camera review. Without that, the issue was unpreserved for appellate review. Leverette … Continue reading

Posted in Emergency / exigency, Informant hearsay, State constitution, Warrant papers | Comments Off on FL1: If trial court refuses to unseal SW affidavit, in camera review must be sought to preserve issue

WA: Officer’s opening door for welfare check was minimal when he saw body in plain view

The warrantless entry into the home shared by the victim and defendant was justified because the officer’s concern for the victim was reasonable. She had not reported for work, she was not answering her phone, her car was parked in … Continue reading

Posted in Automobile exception, Emergency / exigency, Plain view, feel, smell, State constitution | Comments Off on WA: Officer’s opening door for welfare check was minimal when he saw body in plain view

CA9: Officers must have PC defendant had a parole search condition before the search

Officers must have probable cause to know defendant had a parole search condition before searching, and here they had that. United States v. Estrella, 2023 U.S. App. LEXIS 13994 (9th Cir. June 6, 2023). (In my state, it comes up … Continue reading

Posted in Emergency / exigency, Probation / Parole search, Reasonable suspicion | Comments Off on CA9: Officers must have PC defendant had a parole search condition before the search

CA8: ER patient became agitated and security and an LEO realized he was armed; search was reasonable

Defendant came to the Hennepin County Medical Center (HCMC) in downtown Minneapolis having been shot in the leg. He refused to let them remove his pants to treat the wound. A hospital protection officer was holding him down, and he … Continue reading

Posted in Emergency / exigency | Comments Off on CA8: ER patient became agitated and security and an LEO realized he was armed; search was reasonable

CA7: Home confinement sentence included a valid search waiver

Defendant was serving a home confinement sentence that included a search waiver. Officers developed reasonable suspicion of another crime and a violation of living conditions. The search was reasonable. United States v. Beechler, 2023 U.S. App. LEXIS 12312 (7th Cir. … Continue reading

Posted in Cell phones, Emergency / exigency, Informant hearsay, Probation / Parole search, Reasonable suspicion | Comments Off on CA7: Home confinement sentence included a valid search waiver

TN: By killing one’s host, guest standing is lost

By attacking and killing his hosts, his parents, defendant lost guest standing, if he would have had it at all. Police conducted a welfare check and found severed body parts in plastic tubs and on the stove, including a head … Continue reading

Posted in Cell phones, Emergency / exigency, Standing, Subpoenas / Nat'l Security Letters | Comments Off on TN: By killing one’s host, guest standing is lost

OH9: Growing house fire next door was exigency to clear def’s house

Defendant’s next door neighbor’s house caught on fire, and police at the scene acted reasonably in entering his house to clear it when the fire grew and they reasonably feared it would spread to the houses next door. State v. … Continue reading

Posted in Arrest or entry on arrest, Border search, Emergency / exigency, Excessive force, Immigration arrests, Rule 41(g) / Return of property, Standing | Comments Off on OH9: Growing house fire next door was exigency to clear def’s house

AR: Suicide note and no answer at door justified exigent entry

Police responded to a call within minutes of a finding of a suicide note. “One officer called the on-call investigator after knocking on the door and getting no response. It was only then that the officers decided to breach the … Continue reading

Posted in Collective knowledge, Emergency / exigency, Good faith exception | Comments Off on AR: Suicide note and no answer at door justified exigent entry

D.Haw.: Covid quarantines were not 4A seizures

Hawai’i’s Covid quarantines were not Fourth Amendment seizures to aid government intrusions. For Our Rights v. Ige, 2023 U.S. Dist. LEXIS 66956 (D. Haw. Apr. 17, 2023). Exigent circumstances for warrantless police action is based on an objective standard. United … Continue reading

Posted in Emergency / exigency, Issue preclusion, Seizure | Comments Off on D.Haw.: Covid quarantines were not 4A seizures

E.D.Va.: Seizing def as he was opening his door was an invasion of the curtilage without exigency

After an attempted traffic stop, following defendant to his front door and stopping him after the screen door was opened in between it and the front door was curtilage, even in an apartment building. There was no exigency justifying the … Continue reading

Posted in Curtilage, Emergency / exigency, Franks doctrine, Probation / Parole search | Comments Off on E.D.Va.: Seizing def as he was opening his door was an invasion of the curtilage without exigency

CA11: Mere fact of a firearm in the home wasn’t exigency here

“Although Officer Plesnik now arrived with the knowledge that there was a firearm on site, the mere presence of a firearm—without more—did not transform the non-exigent scene into an exigent circumstance and trigger the emergency aid exception. Indeed, by the … Continue reading

Posted in Emergency / exigency, Probable cause, Warrant papers, Warrant requirement | Comments Off on CA11: Mere fact of a firearm in the home wasn’t exigency here

D.N.M.: Three days of warrantless real time CSLI was reasonable because of exigency

Three days of real time CSLI was obtained by the police because of a missing child, and it was reasonable as exigency. United States v. Torres, 2023 U.S. Dist. LEXIS 44017 (D.N.M. Mar. 15, 2023).* No qualified immunity for Tasing … Continue reading

Posted in Cell site location information, Emergency / exigency, Qualified immunity, Reasonable suspicion | Comments Off on D.N.M.: Three days of warrantless real time CSLI was reasonable because of exigency

S.D.Ind.: 911 response to stabbing call had report of others inside; that was exigency

The officer arrived at plaintiff’s house because of a 911 call about a stabbing. A man who had been stabbed was outside and he said it happened inside and there were others. That justified the officer’s entry into the house. … Continue reading

Posted in Emergency / exigency, Prison and jail searches, Qualified immunity, Strip search | Comments Off on S.D.Ind.: 911 response to stabbing call had report of others inside; that was exigency