Category Archives: Emergency / exigency

OH1: Warrantless search of def’s cell phone in kidnapping investigation was reasonable and justified by exigency

The warrantless search of defendant’s apartment, his person, and his cell phone was justified by exigent circumstances under the Fourth Amendment because the still-missing kidnapping victim’s life was in danger. The police reasonably believed that his phone had been used … Continue reading

Posted in Cell phones, Emergency / exigency, Protective sweep | Comments Off

S.D.Tex.: Third Leon test essentially shores up PC here

The affidavit for the child pornography search warrant here was issued at least with a reasonable belief in probable cause under the third Leon test. [The court should have just found probable cause because it certainly looks like there is … Continue reading

Posted in Emergency / exigency, Good faith exception, Probable cause | Comments Off

DE: 14 yo could consent to entry to look for missing person

The search of the house was valid both by apparent authority to consent and the emergency aid doctrine. The victim was missing, and the consenter was a 14 year old with a key. The consent was solely to look for … Continue reading

Posted in Apparent authority, Emergency / exigency | Comments Off

DE: Warrantless entry into def’s home seeking a man for questioning in a week old murder violated 4A

Police had no warrant to enter defendant’s house looking for another person for questioning in a robbery-homicide, not to arrest him. The alleged need for a security sweep violated the Fourth Amendment because the police were searching for a third … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency | Comments Off

CA10: That search violated CO Const. was not an issue for federal court (on habeas)

Petitioner’s habeas argument that the search of his home violated the Colorado Constitution has nothing to do with a federal conviction where the search complied with the Fourth Amendment. In any event, he already lost on that issue in the … Continue reading

Posted in Emergency / exigency, State constitution | Comments Off

CA1: There was no “doorway arrest” under Santana when ptf was behind a locked door the entire time

Police entered plaintiff’s house without a warrant to arrest him. An hour had passed, and any exigency was long gone. As for whether this could be a “doorway arrest” under Santana, that too is rejected because plaintiff was behind a … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Qualified immunity | Comments Off

IL: 911 call about a beating in a house supported emergency entry and plain view; without record of suppression hearing, trial testimony can be used on appeal

911 was called because defendant had just beaten an alleged prostitute and people heard glass breaking and her yelling for help. Defendant admitted beating her. He failed to include a copy of the record of the suppression hearing in his … Continue reading

Posted in Emergency / exigency, Inventory | Comments Off

M.D.La.: No standing in a stolen car

The stop was justified by a seatbelt violation, but defendant didn’t have standing because the car was stolen. United States v. Joseph, 2017 U.S. Dist. LEXIS 123893 (M.D. La. Aug. 7, 2017). The landing in front of an apartment is … Continue reading

Posted in Curtilage, Emergency / exigency, Standing | Comments Off

OR: No exigency for warrantless entry into home for BAC when another warrant required for that anyway

In a DUI case, the state did not show exigent circumstances to enter defendant’s home to take him into custody to then have to seek a search warrant for his blood anyway. State v. Ritz, 361 Ore. 781, 2017 Ore. … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency | Comments Off

ND: 9 hour old call about a suicidal man was no longer emergency; “Every emergency ends at some point.”

A nine hour old report of a man claiming suicidal ideations was no longer an emergency when the police got it. It was also vague and uncorroborated. “Every emergency ends at some point.” And this one did before the entry. … Continue reading

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CA8: When a gun is seized in a business, govt must show justification; here it failed to show officer safety was an issue. A gun on a shelf in a business is not exigency per se.

An undercover officer entered a tattoo parlor looking for a “person of interest” in an unrelated case. A gun was seen on a shelf in the “work area.” Officers came back. Customers were allowed in the “work area” by invitation … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off

D.R.I.: Warrantless ping of def’s cell phone was based on exigency of threatened suicide

Defendant sent texts suggesting he’d commit suicide rather than go to prison for child pornography, something he’d been involved with before. The officers had exigent circumstances to have his cell phone pinged to find him. There was a factual dispute … Continue reading

Posted in Cell phones, Cell site location information, Emergency / exigency | Comments Off