The state showed probable cause for DUI and exigency to dispense with a warrant. Defendant crashed his motorcycle in a park parking lot, and the bike hit a pedestrian. The officer arrived more than 10 minutes after it happened was there alone dealing with two seriously injured people and had to reconstruct the accident. By the time EMS arrived 15-20 minutes after he called for them, it was getting on in time, and he felt he was unable to complete all his tasks quick enough to get a warrant. Also, he had no electronic devices to get an electronic warrant. State v. Chavez-Majors, 2017 Kan. App. LEXIS 62 (Aug. 18, 2017).
The evidence does not show that defendant was in custody or told that he would be restrained prior to a frisk. [Indiana case law requires a warning of right to counsel if in custody before a search.] Hammond v. State, 2017 Ind. App. LEXIS 352 (Aug. 17, 2017).*