{"id":62648,"date":"2026-01-04T00:00:00","date_gmt":"2026-01-04T05:00:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62648"},"modified":"2026-01-01T14:56:05","modified_gmt":"2026-01-01T19:56:05","slug":"ca7-911-call-about-dv-in-progress-in-house-was-exigency-for-entry","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=62648","title":{"rendered":"CA7: 911 call about DV in progress in house was exigency for entry"},"content":{"rendered":"\n<p>\u201cHere we conclude that, based on the undisputed facts, the officers had an objectively reasonable basis to believe that someone in Cannon&#8217;s home needed immediate aid and that there was a compelling need to enter without a warrant. The officers were informed, via radio and dispatch notes, that they were responding to a 911 call about a domestic violence incident and that Cannon was in the home, had \u2018lost his mind,\u2019 and was beating up a woman. This information, which the officers knew had been relayed to the 911 caller from somebody who had been in the home, would support a reasonable belief that a person was inside and needed immediate aid.\u201d That was enough in other cases. Cannon v. Filip, 2025 U.S. App. LEXIS 34070 (7th Cir. Dec. 31, 2025).*<\/p>\n\n\n\n<p>\u201cThe defendant&#8217;s contention that the indictment should be dismissed as fruit of the poisonous tree of the illegal stop of the defendant leading to his arrest for the instant offenses is unpreserved for appellate review and, in any event, without merit, as the evidence against the defendant, including surveillance video, was not fruit of the illegal stop.\u201d People v. Loncke, 2025 NY Slip Op 07409 (2d Dept. Dec. 31, 2025).* [The conviction was November 2019, six years ago.]<\/p>\n\n\n\n<p>Defense counsel got the AUSA to agree not to use defendant\u2019s phone records at trial. Therefore, he can\u2019t be ineffective for not filing a motion to suppress. Arellano v. United States, 2025 U.S. Dist. LEXIS 268132 (N.D. Tex. Dec. 31, 2025).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHere we conclude that, based on the undisputed facts, the officers had an objectively reasonable basis to believe that someone in Cannon&#8217;s home needed immediate aid and that there was a compelling need to enter without a warrant. The officers &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=62648\">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":[75,3,23],"tags":[],"class_list":["post-62648","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-emergency-exigency","category-ineffective-assistance"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62648","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=62648"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62648\/revisions"}],"predecessor-version":[{"id":62649,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62648\/revisions\/62649"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62648"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62648"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62648"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}