{"id":53703,"date":"2022-12-04T22:57:03","date_gmt":"2022-12-05T03:57:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53703"},"modified":"2022-12-04T22:57:03","modified_gmt":"2022-12-05T03:57:03","slug":"sc-exigency-for-csli-was-shooting-victim-left-for-dead-and-defendant-was-armed-and-dangerous","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=53703","title":{"rendered":"SC: Exigency for CSLI was shooting victim left for dead and defendant was armed and dangerous"},"content":{"rendered":"\n

There was exigency for CSLI. \u201cThus, this was not a standard criminal investigation seeking cell phone data; rather, this request sought to address an ongoing emergency because Carter was potentially armed and dangerous, had been involved in a violent crime only hours prior to the request, and left his co-conspirator for dead when he fled Hahn Village.\u201d State v. Carter<\/a>, 2022 S.C. App. LEXIS 125 (Nov. 30, 2022).<\/p>\n\n\n\n

A shots fired call at a Wells Fargo location to 911 with a caller\u2019s name and details, corroboration of details at the scene, and other suspicious actions of the car justified the stop. United States v. Washington, 2022 U.S. Dist. LEXIS 214890 (M.D. Fla. Nov. 29, 2022).*<\/p>\n\n\n\n

Defendant\u2019s suppression hearing was before the state supreme court decided in 2020 that state law would no longer track the automobile exception. His preservation of that issue wasn\u2019t preserved and won\u2019t be decided. Commonwealth v. Arias, 2022 PA Super 202, 2022 Pa. Super. LEXIS 468 (Nov. 30, 2022).*<\/p>\n\n\n\n

Evasiveness and the smell of marijuana coupled with a potentially injured person inside was exigency for a warrantless entry to evaluate. A warrant was finally issued a few hours later. United States v. Washington, 2022 U.S. App. LEXIS 33024 (3d Cir. Nov. 30, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

There was exigency for CSLI. \u201cThus, this was not a standard criminal investigation seeking cell phone data; rather, this request sought to address an ongoing emergency because Carter was potentially armed and dangerous, had been involved in a violent crime … Continue reading →<\/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":[50,104,84,3,44],"tags":[],"class_list":["post-53703","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-burden-of-pleading","category-cell-site-location-information","category-emergency-exigency","category-informant-hearsay"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53703","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=53703"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53703\/revisions"}],"predecessor-version":[{"id":53704,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53703\/revisions\/53704"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53703"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53703"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53703"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}