Category Archives: Emergency / exigency

LA3: Ping order for def’s cell phone was based on exigency

The police ping request to locate defendant’s phone to locate him was based on clear exigent circumstances. Thus, it did not violate the Stored Communications Act, 18 U.S.C. § 2702(c)(4). State v. Malveaux, 2018 La. App. LEXIS 1082 (La. App. … Continue reading

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D.Mont.: No SW needed for non-tribal officer to enter a reservation

The search here was in a remote area on the Crow Nation. First, officers had exigency because it was cold, raining, and getting dark, and evidence might be lost. Also, defendant was abandoned there by his assault victim, and he … Continue reading

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NY3: Smell and smoke from working meth lab in garage was exigency

The officer pulled into defendant’s driveway and defendant came out and was really nervous. Smoke was coming out a window in the garage that smelled like a meth cook. There was exigency for entry without a warrant. People v. Alberts, … Continue reading

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CA11: Interrupted residential burglary is exigency for police entry and search

“Police officers interrupt what they reasonably believe to be a residential burglary and detain two suspects just outside the house. Having done so, can the officers thereafter lawfully enter the home—without a warrant, and without further suspicion of wrongdoing—to briefly … Continue reading

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PA: Def consented to recordings of jail calls, and this is an exception to the state wiretap statute

The trial court’s findings of fact and conclusions of law were completely wrong. Defendant had no reasonable expectation of privacy concerning his jail calls made over a television monitor and through a computer system. This was a case of consent … Continue reading

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IN: Def slumped over steering wheel in hospital parking lot justified look in car based on emergency aid exception

A deputy sheriff was doing off-duty security work at a hospital same day surgery parking lot when he saw the defendant slumped over his steering wheel, the door open, and the engine off. When the officer turned on his take … Continue reading

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E.D.Mich.: A 16 year old girl, over the age of consent, was in a hotel room with a 45 year old man; that alone was not exigency

A 16 year old girl, over the age of consent, was in a hotel room with a 45 year old man. That alone did not create exigent circumstances. Certainly the parents would be concerned, but there was no evidence that … Continue reading

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W.D.Okla.: DOJ subpoena issued under the Right to Financial Privacy Act was “relevant to [a] law enforcement inquiry”

A DOJ subpoena issued under the Right to Financial Privacy Act of 1978, 12 U.S.C. §§ 3401-3422 (“RFPA”). “Having carefully reviewed the United States’ detailed response, the Court finds that there is a reasonable belief that the records sought are … Continue reading

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M.D.Ala.: Emergency aid exception doesn’t apply to justify entry where victims are accounted for outside

The government didn’t meet its burden of showing the emergency aid exception applied where all the purported victims were accounted for and outside the apartment they wanted to search. The protective sweep doctrine as an alternative doesn’t apply here because … Continue reading

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NV: Even if PBT was a 4A violation, SW was moot because there was both PC and exigency for warrantless search

The trial court erred in suppressing the telephonic search warrant for defendant’s blood. Even if the PBT was unconstitutional, there was both probable cause and exigent circumstances without even considering it. State v. Sample, 134 Nev. Adv. Op. 23, 2018 … Continue reading

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D.Neb.: Def’s Franks IAC claim fails for lack of any allegations of fact

“Lloyd makes four claims of ineffective assistance of counsel. Those claims border on the ridiculous.” As to his Fourth Amendment IAC claim for not making a Franks challenge, he alleges nothing was false. United States v. Lloyd, 2018 U.S. Dist. … Continue reading

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CA9: Shell casings in front of house corroborated shooting call police received then def “blatantly lied” about somebody else in house

Police received a call about an emergency at defendant’s house. Once there, defendant came outside and promptly lied about anybody else being inside because they’d seen somebody just enter, and there were shell casings in the front yard corroborating that … Continue reading

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