Category Archives: Emergency / exigency

VI: Def walking into apt being searched with SW could be searched

Defendant who walked into an apartment being searched under a warrant could be searched himself, including the grocery bag he was carrying. People v. Matthias, 2021 V.I. LEXIS 23 (Apr. 30, 2021). Defendant’s backpack in the car couldn’t be searched … Continue reading

Posted in Emergency / exigency, Search incident, Warrant execution | Comments Off on VI: Def walking into apt being searched with SW could be searched

N.D.Ind.: Affidavit for SW doesn’t have to provide the particularity, but it can if incorporated

The search warrant here is directed at a place and it’s not required to tie a person to it, unless it aids particularity. The affidavit for the warrant does not need to be particular but the warrant itself does. The … Continue reading

Posted in Emergency / exigency, Particularity, Staleness, Warrant requirement | Comments Off on N.D.Ind.: Affidavit for SW doesn’t have to provide the particularity, but it can if incorporated

N.-M.: “Health and welfare” check justification for search of off-base housing was shown in IAC claim to be subterfuge

Defense counsel was ineffective for not raising the issue that the “health and welfare” check justification for searching his off-base housing was really a subterfuge for a criminal search. United States v. McCall, 2021 CCA LEXIS 206 (N.-M. Ct. Crim. … Continue reading

Posted in Community caretaking function, Emergency / exigency, Ineffective assistance | Comments Off on N.-M.: “Health and welfare” check justification for search of off-base housing was shown in IAC claim to be subterfuge

WI: Burning mj in a house is exigency of evidence being destroyed by burning

The smell of burning marijuana is exigent circumstances because the contraband is being destroyed by burning. State v. B.W.R., 2021 Wisc. App. LEXIS 201 (Apr. 28, 2021) (unpublished). Under Birchfield, “An increased penalty for the warrantless blood draw refusal revocation … Continue reading

Posted in Collective knowledge, Drug or alcohol testing, Emergency / exigency, Franks doctrine, Ineffective assistance, Reasonable suspicion | Comments Off on WI: Burning mj in a house is exigency of evidence being destroyed by burning

CA7: Pre-Carpenter real time CSLI tracking def on streets to locate him before he committed another robbery was not unreasonable

The fact officers had probable cause to arrest is considered in determining good faith. In addition, “To conclude, we hold that Detective Ghiringhelli did not conduct a Fourth Amendment ‘search’ by requesting the real-time CSLI of a suspect for multiple … Continue reading

Posted in Cell site location information, Emergency / exigency, Search, Seizure | Comments Off on CA7: Pre-Carpenter real time CSLI tracking def on streets to locate him before he committed another robbery was not unreasonable

N.D.Cal.: Exigency for entry fails; officers knew victim was not there

The emergency aid justification for a warrantless entry into defendant’s house in a domestic dispute wasn’t applicable because there no longer was an emergency. The victim was safe elsewhere and nobody was home. Also, the good faith exception wasn’t proved … Continue reading

Posted in Abstention, Burden of pleading, Emergency / exigency | Comments Off on N.D.Cal.: Exigency for entry fails; officers knew victim was not there

TX: Fire Dept called for police after discovery of drugs and guns; SW based on initial observations valid, narcotics officer’s later observations stricken but leaving PC

The Fire Department responded to a kitchen fire in defendant’s apartment, and they saw drugs, paraphernalia, and firearms inside. They called the police for a safety check. The officer responding didn’t know about their seeing drugs when he first arrived. … Continue reading

Posted in Emergency / exigency | Comments Off on TX: Fire Dept called for police after discovery of drugs and guns; SW based on initial observations valid, narcotics officer’s later observations stricken but leaving PC

CA8: Warrantless seizure of computer in fraud case was reasonable because of exigency

The warrantless seizure of defendant’s computer was justified by exigent circumstances that it contained evidence of fraud. United States v. Mays, 2021 U.S. App. LEXIS 9861 (8th Cir. Apr. 6, 2021). “Because we conclude that the officer’s initial question about … Continue reading

Posted in Computer and cloud searches, Emergency / exigency, Reasonable suspicion, Standards of review | Comments Off on CA8: Warrantless seizure of computer in fraud case was reasonable because of exigency

ID: Police knowledge def was attempting to destroy evidence of a murder including burning the body and other evidence was exigency for entry

Police knowledge defendant was destroying evidence of a violent crime on his premises was exigency for a warrantless entry. “Lopez reported to the police that he had seen Davis’s body.” Police knew: “Smith was actively attempting to destroy evidence by … Continue reading

Posted in Consent, Emergency / exigency | Comments Off on ID: Police knowledge def was attempting to destroy evidence of a murder including burning the body and other evidence was exigency for entry

TX13: State showed exigency for BAC without SW because it would have taken one of two officers off-duty

The state showed exigency in not getting a search warrant for defendant’s BAC after a serious car crash left him unconscious. It would have taken hours to get the warrant back then [2013] and it would have taken one of … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency, Ineffective assistance | Comments Off on TX13: State showed exigency for BAC without SW because it would have taken one of two officers off-duty

CA11: Immediate response to gunshot report justified warrantless entry

Nearby officers heard a gunshot and they arrived to locate the cause and source. “[T]the emergency doctrine justified the warrantless search. The officers had an objectively reasonable basis to believe that there was an immediate need to protect themselves and … Continue reading

Posted in Emergency / exigency | Comments Off on CA11: Immediate response to gunshot report justified warrantless entry

CA5: Warrantless entry to seize suicidal ptf was reasonable

The officer’s warrantless entry to seize the allegedly suicidal plaintiff was based on probable ause and exigency. “The exigency of a credible risk that a person is about to end their life justifies the warrantless entries into Clark’s hotel room … Continue reading

Posted in Emergency / exigency, Excessive force | Comments Off on CA5: Warrantless entry to seize suicidal ptf was reasonable

OH12: Officer responding to a mistreated dog call could walk to fence and look through then seize dog on exigency

An officer responded to an animal abuse complaint of a maltreated dog in defendant’s backyard. He parked in the driveway and walked to the door to inquire. No answer. He could see a fence with a missing board from the … Continue reading

Posted in Curtilage, Emergency / exigency | Comments Off on OH12: Officer responding to a mistreated dog call could walk to fence and look through then seize dog on exigency

SD: Local officers called tribal officers and respected tribal authority before arresting def

Defendant was wanted for assault and found at an Indian casino hotel on a reservation. They took him into custody and towed his vehicle. The search of his hotel room and vehicle by search warrants was reasonable and respected tribal … Continue reading

Posted in Arrest or entry on arrest, Community caretaking function, Emergency / exigency | Comments Off on SD: Local officers called tribal officers and respected tribal authority before arresting def

D.N.M.: While the govt didn’t prove exigency, inventory exception applied

While there was some exigency, the government failed on its burden of proving exigency necessitated its action. Instead, the court finds inevitable discovery. United States v. O’Neil, 2021 U.S. Dist. LEXIS 35424 (D. N.M. Feb. 25, 2021):*

Posted in Emergency / exigency, Inventory | Comments Off on D.N.M.: While the govt didn’t prove exigency, inventory exception applied

WY: No hot pursuit into home for traffic violation that wasn’t “hot”

Hot pursuit for a traffic violation did not permit an entry into the home. Here, the pursuit just wasn’t “hot” or exigent because the officer called for backup. Fuller v. State, 2021 WY 36, 2021 Wyo. LEXIS 41 (Feb. 24, … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Hot pursuit | Comments Off on WY: No hot pursuit into home for traffic violation that wasn’t “hot”

GA: Contraband in plain view on def’s property didn’t justify warrantless entry to seize it

Officers’ entry onto abandoned property next door to defendant’s place to get a better view of his place was reasonable. He had no reasonable expectation of privacy there or in the view from there. However, they saw contraband in plain … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell, Probable cause | Comments Off on GA: Contraband in plain view on def’s property didn’t justify warrantless entry to seize it

CA8: QI denied for entering the wrong house at 3 am looking for taxi fare skipper

Police looking for a taxicab fare skipper at 3 am found a door to a garage ajar and entered plaintiffs’ home with guns drawn. They encountered plaintiffs outside their bedroom but never found the fare skipper. Plaintiffs sued. The court … Continue reading

Posted in Community caretaking function, Curtilage, Emergency / exigency | Comments Off on CA8: QI denied for entering the wrong house at 3 am looking for taxi fare skipper

CA3: Petition to revoke has to be based on a 4A showing of PC on oath or affirmation, and this was

The petition to revoke was based on probable cause and oath or affirmation and complied with the Fourth Amendment. United States v. Petlock, 2021 U.S. App. LEXIS 3865 (3d Cir. Feb. 11, 2021). Police responded to a suicide in progress … Continue reading

Posted in Attenuation, Emergency / exigency, Warrant requirement | Comments Off on CA3: Petition to revoke has to be based on a 4A showing of PC on oath or affirmation, and this was

FL1: Even with issuing magistrate having second thoughts and suppessing, SW was executed in good faith

A search warrant was issued for drugs and firearms, and the CI was a “disgruntled” ex-girlfriend. The issuing judge heard the motion to suppress and decided that her disgruntledness required corroboration, and, on second thought, she wouldn’t have issued the … Continue reading

Posted in Emergency / exigency, Good faith exception, Informant hearsay | Comments Off on FL1: Even with issuing magistrate having second thoughts and suppessing, SW was executed in good faith