Category Archives: Emergency / exigency

OH5: Exigency for blood draw from accident at 1:30 am and hospitalization

Exigent circumstances existed which justified the warrantless draw of defendant’s blood. “The accident occurred at approximately 1:30 a.m. on May 8, 2016. After his initial contact with Appellant, Officer Lewis was unable to investigate further due to Appellant’s condition. Emergency … Continue reading

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NY4: CSLI obtained by exigency mere third party information not subject to suppression

Police discovered defendant may have been involved in a quadruple homicide, and they submitted an exigent circumstances request for his CSLI for the four days around the homicide, and that put him there. His motion to suppress the CSLI was … Continue reading

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FL4: Exigency required finding def’s cell phone to locate a school bus stop shooter

Exigent circumstances in finding a shooter at a school bus stop necessitated the officers pinging the cell phone to locate the shooter. Defense counsel wasn’t ineffective for not challenging the search because it would have failed. Barton v. State, 2018 … Continue reading

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FL3: Warrantless blood test justified by exigency where it was 4:22 am Sunday and it would take 4 hours to get SW

Exigent circumstances justified a warrantless blood test because defendant’s accident occurred at approximately 4:22 a.m. on a Sunday, the accident was serious, resulting in an instantaneous death, defendant himself was seriously injured, taken to a hospital for treatment, and induced … Continue reading

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N.D.Iowa: Admissions about one’s own drug use to police during 911 call about unresponsive woman were RS

Police and EMTs responded to a 911 call about an unresponsive woman who later died. At the scene, admissions about defendant’s own drug abuse were made. “The court finds that the information about E.M.’s drug use, particularly when coupled with … Continue reading

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NM: Trial court found truth between dashcam video and the testimony of the officer and the def; still entitled to deference on appeal

The trial court considered the dashcam and the officer’s and defendant’s testimony because the dashcam wasn’t conclusive: “But I think it just goes to show you really need to review the video in every case. And in this case, after … Continue reading

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D.Minn.: Def was a suspect in a stabbing, and police entered his property without a warrant claiming exigency; there was no exigency

Police came to defendant’s house because he was alleged to have stabbed somebody. They entered the curtilage without a warrant to look for evidence, and they found a bent bloody knife out in the rain. The warrantless entry was not … Continue reading

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OH5: Working meth lab is exigency

Defendant was initially stopped with information from a CI amounting to reasonable suspicion that he was purchasing precursors and ingredients to manufacture methamphetamine. When the police got to his house, it was apparent there was a working meth lab, and … Continue reading

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D.Utah: Officer-caused 2-sec traffic violation was not RS for stop

The officer’s probably unintentional causing of defendant’s traffic violation made the stop unreasonable. Even if the stop was reasonable, there was no reasonable suspicion for continuing it. United States v. Esteban, 2017 U.S. Dist. LEXIS 211294 (D. Utah Dec. 22, … Continue reading

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CA9: Failure to argue curtilage was violated in district court barred argument on appeal

Viewing photographs of the scene, the district court could conclude that the officers could see defendant with methamphetamine in his garage. “Tran did not argue below that the officers unlawfully entered the curtilage of Chong’s home and therefore waived this … Continue reading

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TX2: No exigency shown for warrantless blood draw in DUI case

The state failed to prove exigent circumstances for a warrantless blood draw from the defendant. There were other officers around and a warrant could have been sought. State v. Sanders, 2017 Tex. App. LEXIS 11674 (Tex. App. – Ft. Worth … Continue reading

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CA8: After exigency for entry abated, police had consent from def’s wife to remain on premises

Exigency supported the police entry into defendant’s home because of concern for safety of the children and a domestic dispute. After the entry and the abatement of the exigency, defendant’s wife consented to the officers staying in the house. United … Continue reading

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