{"id":56112,"date":"2023-10-21T09:37:05","date_gmt":"2023-10-21T14:37:05","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56112"},"modified":"2023-10-21T15:32:46","modified_gmt":"2023-10-21T20:32:46","slug":"ny-suffolk-co-entry-under-extreme-risk-protection-order-statute-for-potential-suicide-was-exigent","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56112","title":{"rendered":"NY Suffolk Co.: Entry under Extreme Risk Protection Order statute for potential suicide was exigent"},"content":{"rendered":"\n

\u201cThe Court finds that the search conducted pursuant to the E[xtreme] R[isk] P[rotection] O[rder] statute was reasonable. P.O. Keenan provided sworn testimony as to the basis for his belief that defendant was expressing suicidal ideations (defendant’s text messages), and recounted defendant’s mother’s corroborating statements that her son was very depressed, that it (presumably his suicide) was \u2018going to happen today,\u2019 and that he had \u2018been to CPEP before for evaluation because she believed he would hurt himself.\u2019 Defendant’s text, that he had a gun with him in the event anyone called the police, as well as the firearms that were turned over to the police by Mrs. L., only added to the exigencies of the situation.\u201d People v. R.L.<\/a>, 2023 NY Slip Op 51112(U), 2023 N.Y. Misc. LEXIS 9400 (Suffolk Co. Oct. 17, 2023).<\/p>\n\n\n\n

Defendant\u2019s erratic driving justified his stop. United States v. Wynn, 2023 U.S. Dist. LEXIS 188125 (E.D. Ky. Aug. 25, 2023),* adopted, 2023 U.S. Dist. LEXIS 187031 (E.D. Ky. Oct. 18, 2023).*<\/p>\n\n\n\n

Defendant\u2019s four Franks challenges to the affidavit fail. Three statements gave \u201creasonably accurate impression[s]\u201d of the information, and weren\u2019t really false. The fourth was negligent at worst. Still, there was probable cause without them. United States v. Bryant, 2023 U.S. App. LEXIS 27839 (11th Cir. Oct. 19, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThe Court finds that the search conducted pursuant to the E[xtreme] R[isk] P[rotection] O[rder] statute was reasonable. P.O. Keenan provided sworn testimony as to the basis for his belief that defendant was expressing suicidal ideations (defendant’s text messages), and recounted … 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":[3,21,35],"tags":[],"class_list":["post-56112","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-franks-doctrine","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56112","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=56112"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56112\/revisions"}],"predecessor-version":[{"id":56119,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56112\/revisions\/56119"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56112"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56112"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56112"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}