E.D.Tex.: Suicide by cop as exigency requires actual engagement with law enforcement

The government’s claim of exigency from an alleged fear of “suicide by cop” is rejected here. “The Government invokes the inherent danger of suicide and, in particular, suicide by cop, but suicide by cop requires engagement with law enforcement. The officers chose the time and place that Hastings encountered law enforcement. The Government fails to show that any threat by Hastings to himself or the officers was imminent at the time they entered the hotel room.” United States v. Hastings, 2017 U.S. Dist. LEXIS 42266 (E.D. Tex. Jan. 20, 2017), adopted, 2017 U.S. Dist. LEXIS 42046 (E.D. Tex. March 23, 2017).

Defendant’s stop was for talking on her cell phone while driving, and she was found potentially under the influence. Probable cause is found for her arrest despite her refusal to submit to a BAC test or the state to obtain a BAC search warrant, and the DL suspension is affirmed. Espinoza v. Shiomoto, 2017 Cal. App. LEXIS 271 (4th Dist. March 24, 2017).*

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