Cal.4d1: Leaving the engine running to one’s car outside house for 30 minutes isn’t exigent circumstances

A neighbor called the police because defendant left his vehicle outside with the engine running for 30 minutes. This did not indicate an emergency justifying a warrantless entry into his casita. There were drugs in plain view. People v. Smith, 2020 Cal. App. LEXIS 204 (4th Dist. Mar. 12, 2020).

“Here, the Court concludes that the totality of the circumstances supports a finding of reasonable suspicion. As Sergeant Long approached the vehicle, Defendant did not follow commands and reached for his pocket. Defendant’s noncompliance led Sergeant Long to draw his weapon until Defendant began complying with his commands. Although Defendant subsequently complied with commands (resulting in Sergeant Long holstering his weapon and continuing the stop), Defendant’s initial noncompliance remains a factor for consideration. [¶] In addition to this noncompliance, Sergeant Long could not locate the name Defendant gave him in the databases. Sergeant Long repeatedly questioned Defendant about his identity, indicating Sergeant Long’s concern that Defendant was being deceitful and intentionally hiding his identity.” Time of day and place as well. United States v. Montoya, 2020 U.S. Dist. LEXIS 42656 (D. Kan. Mar. 10, 2020).*

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