{"id":4584,"date":"2011-01-11T14:16:06","date_gmt":"2010-08-25T07:30:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-25T07:30:59","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4584","title":{"rendered":"E.D.Pa.: Officers could search defendant&#8217;s pants which he sought to put on after his arrest"},"content":{"rendered":"<p>Officers who were arresting the defendant could search his pants before he put them on. United States v. Hull, 2010 U.S. Dist. LEXIS 86472 (E.D. Pa. August 19, 2010).*<\/p>\n<p>911 hang up call was sufficient for a police entry in this \u00a7 1983 case. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/10a0259p-06.pdf\">Johnson v. City of Memphis<\/a>, 617 F.3d 864, 2010 FED App. 0259P (6th Cir. 2010) (unpublished)*:<\/p>\n<blockquote><p>We hold that the combination of a 911 hang call, an unanswered return call, and an open door with no response from within the residence is sufficient to satisfy the exigency requirement. The district court was correct in finding that the police were justified in entering the home to sweep for a person in need of immediate assistance under the emergency aid exception. The whole point of the 911 system is to provide people in need of emergency assistance an expeditious way to request it. Indeed, in many communities, the use of 911 for any purpose other than to report an emergency or to request emergency assistance is at least a misdemeanor offense.\n<\/p><\/blockquote>\n<p>The multiple blood draws of plaintiff who was involuntarily committed were to be governed by a Fourth Amendment analysis, but they were justified by special needs, were necessary, and were reasonably conducted under all the circumstances. Marcus v. Miraglia, 2010 U.S. Dist. LEXIS 86461 (S.D. N.Y. August 18, 2010),* on remand from Makas v. Miraglia, 300 Fed. Appx. 9 (2d Cir. 2008). <\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4584\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4584","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4584","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4584"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4584\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4584"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4584"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4584"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}