Category Archives: Emergency / exigency

NJ: Entry into garage to make a DUI arrest violated 4A and state const.

Defendant was convicted of DUI. Acting on a tip of erratic driving by a particular LPN, the officer went into her garage and entered it to investigate and then make the arrest. There were no exigent circumstances like a medical … Continue reading

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CA7: Drug dog’s 59% success rate still PC

The fact the drug dog here had only a 59% (or 80%) success rate is still probable cause. The fact a dog can’t tell the difference between legal and illegal cannabis is of no moment. It’s still probable cause. United … Continue reading

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CA3: Getting ptf’s personal information from third parties after he was seen open carrying was not 2A or 4A violation

Plaintiff was seen open carrying on a bicycle, and the officer attempted to stop him. The officer later got information on plaintiff from a store he’d been in. None of that violated the Second or Fourth Amendment. Glover v. Fidaannd, … Continue reading

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CA5: Exigency is measured objectively, not subjectively

“Borden argues the officers’ actions indicate they did not actually think a medical emergency existed, but their subjective beliefs are irrelevant. See Toussaint, 838 F.3d at 509. Given the totality of the circumstances, a reasonable view of the evidence supports … Continue reading

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CA7: Manual border search of cell phone revealing CP was reasonable

Manual border search of defendant’s cell phone was reasonable and revealed child pornography, and that justification for a more intensive search. United States v. Mendez, 2024 U.S. App. LEXIS 14058 (7th Cir. June 10, 2024). Defendant rented his hotel room, … Continue reading

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Three on exigency

The emergency aid exception permitted entry into victim’s home. She hadn’t been seen all day and her child was unaccounted for. This entry was objectively reasonable, and the police were not required to use alternate means to seek to find … Continue reading

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D.Alaska: Protective sweep after def’s arrest not justified, but there was exigency otherwise

The entry into the house was reasonable because of exigent circumstances because of ongoing drug operations there. Protective sweep is rejected because the defendant had already been arrested by the time the sweep occurred. United States v. Avitia-Enriquez, 2024 U.S. … Continue reading

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ND: Warrantless entry into garage to investigate driving on a suspended license unreasonable

Officers had probable cause to believe defendant was driving on a suspended DL, and they were parked outside his house and watched him drive into his garage. There was no exigency for the police entry into his garage to arrest … Continue reading

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OH1: A malnourished child isn’t exigency for an infant

“The facts of this case are more akin to the situation in Fisher. While a report of a malnourished infant is certainly cause for concern, no one testified that that the infant would not survive without immediate medical intervention. Rather, … Continue reading

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N.D.Ohio: Heroin and three guns in plain view was exigency for entry with child alone inside

Police knowing that defendant’s 12-year-old son was in the house alone with a significant quantity of heroin and three firearms all in plain view was exigency for entry. There also previous complaints to Family Services. United States v. Woodard, 2024 … Continue reading

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OH2: Police responding to report of shot dog who heard an animal had exigency to enter the curtilage

“Based upon the evidence presented, we conclude the trial court did not err in denying the motion to suppress. The search of the home and surrounding premises was reasonable because the officers believed an injured animal was on the premises … Continue reading

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NY3: SW for person doesn’t include body cavity search unless reason for such search was shown

“Even where a search warrant has been previously obtained, it is axiomatic that such ‘warrant exists and is required not simply to permit, but to circumscribe police intrusions’ …. Here, the search warrant that had been previously obtained authorized the … Continue reading

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Iowa does not recognize state constitutional torts; here excessive force

Iowa does not recognize state constitutional torts; here excessive force. “Krystal Wagner, individually and as the administrator of the estate of her son, Shane Jensen, appeals the district court decision granting summary judgment to the State and Officer William Spece … Continue reading

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thedrive.com: Police Are Tagging Fleeing Cars With GPS Darts to Avoid Dangerous Pursuits

thedrive.com: Police Are Tagging Fleeing Cars With GPS Darts to Avoid Dangerous Pursuits by Nico DeMattia (“The launchers are typically mounted to the front of cop cars and can fire darts at up to 30 mph.”). [Exigency, like an emergency … Continue reading

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KS: No basis for a stop of car in a local park under “public safety exception”

A public safety stop is well recognized, deriving from Cady. “In this case, however, the facts do not support a valid safety stop. The deputy stated he was concerned because it was dark, it was late, the car was parked … Continue reading

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OH5: Officer’s writing wrong statute number on ticket was a reasonable mistake of law

Defendant’s stop for a loud muffler was reasonable. His claim that it wasn’t loud on the bodycam is rejected. Another alleged offense cited the wrong statute. That’s a reasonable mistake of law. State v. Braucher, 2024-Ohio-811, 2024 Ohio App. LEXIS … Continue reading

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UT: Emergency aid exception permitted entry for apparent homicide victim who was missing

The emergency aid exception permitted entry into this murder scene. The victim was the grandmother of a child who punctually picked the child up every day at school. When she didn’t show for hours, the school notified police. They went … Continue reading

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OH10: Taking GSR at scene of shooting was with exigent circumstances

Taking GSR samples from defendant at the scene of a potential murder was with exigent circumstances and wasn’t intrusive. “As in Jarrell, the GSR evidence was highly evanescent evidence that was susceptible to destruction from simple activities like wiping one’s … Continue reading

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OH3: 9-1-1 call about possible fire in def’s home justified FD entry; plain view resulted.

A 9-1-1 call about a fire in defendant’s home revealed by heavy black smoke from the chimney brought the fire and police departments who entered. The fire scene entry and the plain view were reasonable under Michigan v. Tyler. State … Continue reading

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KS: Search of def’s purse when she was passed out likely from ODing was reasonable

The emergency aid exception justified the search of defendant’s purse. She was passed out on a convenience store bathroom floor with drug paraphernalia around her. It was reasonable to look in her purse to see what drug it might have … Continue reading

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