{"id":6302,"date":"2012-05-01T09:45:32","date_gmt":"2011-11-23T08:13:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-11-23T08:13:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6302","title":{"rendered":"CA3: Following blood trail upstairs in empty house was not with exigent circumstances"},"content":{"rendered":"

Officers responded to a call that defendant was shot in the hand. When officers arrived, he was the only person there, and he was taken to the hospital. One officer followed the blood trail upstairs and found drugs in plain view. The district court\u2019s finding that this search was not justified by exigent circumstances was supported by the record. United States v. Wolfe<\/a>, 452 Fed. Appx. 180 (3d Cir. 2011) (unpublished):<\/p>\n

This last point bears strong emphasis. We should not be understood as holding that police officers cannot address ambiguous and evolving circumstances as their well-informed professional judgment dictates. In this case, however, Evans began his search after the two responding officers had already resolved the only exigency there was cause to believe existed. It is true that \u201c[officers do not need ironclad proof of a likely serious, life-threatening injury to invoke the emergency aid exception,\u201d Fisher, 130 S. Ct. at 549 (internal quotation marks omitted), but here, after hearing the evidence, the District Court determined that Evans had no indication that additional victims or threats were inside the home after Wolfe\u2019s departure. Though the government disagrees with that interpretation of the evidence, the finding is sufficiently supported to withstand review for clear error.<\/p><\/blockquote>\n

Defendant rear-ended an off-duty officer outside his jurisdiction. The officer\u2019s actions in telling defendant to step out of the car, removing and retaining his keys from the ignition, and telling him to sit and wait in his car fell short of an \u201carrest\u201d sufficient to trigger the citizen\u2019s arrest rule. Instead, this was more akin to an investigatory stop, short of an arrest. Under the circumstances, where defendant rear ended the officer\u2019s personal vehicle and appeared intoxicated, it was reasonable for the officer \u2013 as it would any private citizen \u2013 to prolong the stop until the local police arrived, in order to ensure the safety of the public and of defendant himself. Defendant was not under arrest until the local police officer arrived and placed him under arrest. Commonwealth v. Limone<\/a>, 460 Mass. 834, 957 N.E.2d 225 (2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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