Category Archives: Emergency / exigency

CA10: Carelessly unloading watermelons from a box truck away from a loading dock and in middle of night with “nonsensical” answers was PC

Officers had probable cause to search defendants’ box truck. They were unloading watermelons in the middle of the night on wet grass and not at some loading dock coupled with all the unusual, vague, and even “nonsensical” excuses for why … Continue reading

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IN: Landlord saw blood in the property and called the police; this was a valid emergency entry

Defendant was an emergency contact on the property, but he lived in Chicago, not at the apartment. Therefore, he had no standing. On the merits, the landlord checked on the property and saw blood stains inside. He called police for … Continue reading

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OH12: 911 call about OD permitted seizure of drugs and paraphernalia in plain view

Officers responded to a 911 call about an overdose. When they got in the house, drugs and paraphernalia were in plain view, and they could be seized. State v. Pettiford, 2018-Ohio-1015, 2018 Ohio App. LEXIS 1073 (12th Dist. Mar 19, … Continue reading

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CA10: Three CIs corroborated each other and were independently corroborated

The affidavit for the arrest warrant was based on three CIs who corroborated each other and which were independently corroborated by the police. A Franks challenge was included that a prior search resulted in finding drugs that were not mentioned … Continue reading

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OH10: Def walking down street with a bullet magazine on belt wasn’t violating law and he could ignore officers

Defendant was walking down the street, and officers noticed he had a bullet magazine on his belt. They followed him to his residence, and he declined to talk to them and went inside. Their entry into his residence violated the … Continue reading

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MA: Officer could follow def into open garage during active drug trafficking investigation

“A Superior Court judge properly denied a criminal defendant’s pretrial motion to suppress evidence discovered following a police officer’s warrantless entry into an open garage through which the officer followed the defendant after observing him standing inside it during a … Continue reading

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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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