{"id":59902,"date":"2025-01-20T13:41:11","date_gmt":"2025-01-20T18:41:11","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59902"},"modified":"2025-01-20T13:41:11","modified_gmt":"2025-01-20T18:41:11","slug":"ca1-report-of-a-dead-body-in-a-house-for-a-day-didnt-justify-warrantless-entry","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59902","title":{"rendered":"CA1: Report of a dead body in a house for a day didn&#8217;t justify warrantless entry"},"content":{"rendered":"\n<p>The police entered defendant\u2019s home on a report of a dead body inside. They knew, however, the person was dead at least a day and likely wasn\u2019t inside the home by then. The emergency exception did not apply. <a href=\"https:\/\/www.ca1.uscourts.gov\/sites\/ca1\/files\/opnfiles\/24-1052P-01A.pdf\">United States v. Giambro<\/a>, 2025 U.S. App. LEXIS 950 (1st Cir. Jan. 15, 2025).<\/p>\n\n\n\n<p>The Stone bar applies as long as there is a state mechanism for bringing Fourth Amendment claims. Failure to fully litigate it is on the accused, not the state. Ellis v. Gorder, 2025 U.S. Dist. LEXIS 7112 (M.D.N.C. Jan. 13, 2025).*<\/p>\n\n\n\n<p>\u201cAfter considering the facts presented at the suppression hearing, the court concludes that no Fourth Amendment violation occurred in this case because (1) the vehicle Mr. Martinez-Chavez was driving was lawfully stopped, (2) the first firearm was seen through the window of the vehicle in plain view while law enforcement officers were still making inquiries within the lawful scope of the stop, and (3) seeing the firearm, which one officer immediately identified as a sawed-off weapon, in the context of the encounter as it had evolved, gave the officers grounds for conducting a protective search of the vehicle, and, indeed, probable cause for a search under the automobile exception to the warrant requirement.\u201d United States v. Martinez-Chavez, 2025 U.S. Dist. LEXIS 7423 (W.D. Va. Jan. 13, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The police entered defendant\u2019s home on a report of a dead body inside. They knew, however, the person was dead at least a day and likely wasn\u2019t inside the home by then. The emergency exception did not apply. United States &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=59902\">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":[3,126,51],"tags":[],"class_list":["post-59902","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-issue-preclusion","category-plain-view"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59902","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=59902"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59902\/revisions"}],"predecessor-version":[{"id":59903,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59902\/revisions\/59903"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59902"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59902"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59902"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}