{"id":53136,"date":"2022-09-13T02:42:36","date_gmt":"2022-09-13T07:42:36","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53136"},"modified":"2022-09-13T02:42:43","modified_gmt":"2022-09-13T07:42:43","slug":"ia-shots-fired-call-where-officers-heard-of-a-man-slumped-over-a-railing-and-saw-cars-struck-by-bullets-was-exigent-circumstances-for-entry","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=53136","title":{"rendered":"IA: Shots fired call where officers heard of a man slumped over a railing and saw cars struck by bullets was exigent circumstances for entry"},"content":{"rendered":"\n<p>The community caretaking function justified the warrantless entry here into defendant&#8217;s apartment. Officers responded to a shots fired call at an apartment complex, saw bullet damage to cars, and had a report of a person slumped over a balcony railing. State v. Youm, 2022 Iowa App. LEXIS 676 (Aug. 31, 2022).<\/p>\n\n\n\n<p>There were sufficient exigent circumstances for seizure of defendant\u2019s cell phone when he was questioned for a murder. The search warrant for it was issued two days later [, and he doesn\u2019t complain about the delay, but he really couldn\u2019t anyway]. Defendant also consented to the officer scrolling through the phone during the police interview. Rafiq v. State, 2022 Tex. App. LEXIS 6575 (Tex. App. \u2013 Beaumont Aug. 31, 2022).*<\/p>\n\n\n\n<p>Accessing defendant\u2019s call logs and subscriber information was not a search. The warrant for 74 days of CSLI in this homicide case was based on probable cause and was with good faith. <a href=\"https:\/\/search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=3d08467b-40f3-4ab7-81b0-f15e05756c3e&amp;MediaID=c73fef3d-338b-497a-b638-6ae774b90a20&amp;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&amp;DT=Opinion\">Martinez v. State<\/a>, 2022 Tex. App. LEXIS 6562 (Tex. App. \u2013 San Antonio Aug. 31, 2022).*<\/p>\n\n\n\n<p>In this NCO stalking case, flying a drone over the complainant\u2019s house as a part of the stalking violated her reasonable expectation of privacy. <a href=\"https:\/\/www.4dca.org\/content\/download\/847989\/opinion\/213236_DC08_08312022_095946_i.pdf\">Rosaly v. Konecny<\/a>, 2022 Fla. App. LEXIS 5901 (Fla. 4th DCA Aug. 31, 2022).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The community caretaking function justified the warrantless entry here into defendant&#8217;s apartment. Officers responded to a shots fired call at an apartment complex, saw bullet damage to cars, and had a report of a person slumped over a balcony railing. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=53136\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,84,24,62,3],"tags":[],"class_list":["post-53136","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-cell-site-location-information","category-consent","category-drones","category-emergency-exigency"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53136","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=53136"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53136\/revisions"}],"predecessor-version":[{"id":53138,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53136\/revisions\/53138"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53136"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53136"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53136"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}