\u201cAlthough Officer Plesnik now arrived with the knowledge that there was a firearm on site, the mere presence of a firearm\u2014without more\u2014did not transform the non-exigent scene into an exigent circumstance and trigger the emergency aid exception. Indeed, by the time Officer Plesnik arrived, Officer Ermeri had already taken the firearm from Lucibella without incident. Accordingly, under these facts, it was not objectively reasonable for an officer to believe that an ongoing emergency existed or that anyone was in need of protection, injured, or in danger of imminent injury. As such, we conclude that Officer Plesnik cannot satisfy the emergency aid exception.\u201d Lucibella v. Town of Ocean Ridge, 2023 U.S. App. LEXIS 8324 (11th Cir. Apr. 7, 2023).*<\/p>\n\n\n\n
Information from two CIs that defendant admitted to them there was a body buried in the crawl space under this house added to the probable cause. People v. Graham, 2023 NY Slip Op 01819, 2023 N.Y. App. Div. LEXIS 1872 (3d Dept. Apr. 6, 2023).*<\/p>\n\n\n\n
The fact the warrant attachments weren\u2019t stapled to the warrant doesn\u2019t make it not particular. United States v. Deakins, 2023 U.S. Dist. LEXIS 60866 (E.D. Tenn. Apr. 6, 2023).<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cAlthough Officer Plesnik now arrived with the knowledge that there was a firearm on site, the mere presence of a firearm\u2014without more\u2014did not transform the non-exigent scene into an exigent circumstance and trigger the emergency aid exception. Indeed, by the … Continue reading