Category Archives: Emergency / exigency

E.D.Mich.: Parole search can occur when parolee not home

Defendant was on state parole living with his girlfriend, also a defendant. They were out and her mother was their babysitter in the home. Parole came by for a compliance check. The mother let them in. First, the search was … Continue reading

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SC: Exigency for CSLI was shooting victim left for dead and defendant was armed and dangerous

There was exigency for CSLI. “Thus, this was not a standard criminal investigation seeking cell phone data; rather, this request sought to address an ongoing emergency because Carter was potentially armed and dangerous, had been involved in a violent crime … Continue reading

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CA3: Delaware “hit and hold” practice for entries not decided because of consent

The court declines to decide the officers’ “hit and hold” entries where they entered without a warrant but under alleged exigency, secured the premises, and then sought a search warrant. Because there was independent justification for the warrantless search after … Continue reading

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S.D.Ind.: Forced Covid test didn’t violate 4A

Requiring plaintiff, who said he was positive for Covid-19, be tested before putting him in hospital was reasonable under the Fourth Amendment. It’s less intrusive than swabbing for DNA. Alternatively, qualified immunity applies. Mercado v. Columbus Reg’l Hosp., 2022 U.S. … Continue reading

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CA3: Fire scene search for potential spread was exigent

The fire department arrived at a kitchen stove fire in an apartment building that was out. Informed of a sparking stove, fireman suspected there could be a fire in the basement. In the basement they found faulty wiring but no … Continue reading

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MO: Objection for “lack of foundation and improper procedure” not a 4A challenge

An objection to a BAC test for lack of foundation and improper procedure does not preserve a Fourth Amendment challenge. Petersen v. State, 2022 Mo. LEXIS 226 (Nov. 22, 2022). The officers made a valid plain view to damage to … Continue reading

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CA6: Seeing person named in arrest warrant at place she was staying satisfied Payton

Officers had sufficient information under Payton that a woman for whom they had a warrant was on the premises she was supposedly living at when they entered. They’d seen her there, and CIs put her there. United States v. Essex, … Continue reading

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AL: When def was being taken to ER for chest pains, looking in pocket of jacket he wanted to take and a pill bottle inside was reasonable

Complaining of chest pains, defendant called 911. Attached to his address was a “safety alert” that police should show up for the safety of EMTs and firemen. As he was being transported to the hospital, he asked for his coat … Continue reading

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D.S.C.: No exigency 6 hours after 911 call

Police showed up at defendant’s house six hours after a 911 call. Whatever exigency there might have been had dissipated. Everyone in the house was asleep. United States v. Miller, 2022 U.S. Dist. LEXIS 189981 (D.S.C. Oct. 17, 2022). The … Continue reading

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M.D.Pa.: 14 yo kidnapping victim’s 911 call created exigency for def’s cell phone seizure

A 14-year-old kidnapping victim called 911 that she was taken three days earlier, and defendant was finally detained as a result. His phone was seized and a warrant obtained. The seizure of the warrant was reasonable based on all the … Continue reading

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OH8: No PC for hot pursuit into house on less than RS

The state showed no probable cause to justify a warrantless entry into the home of a fleeing misdemeanant. Police got a citizen’s report of a possible impaired driver. When they found the car, it had just pulled into the driveway … Continue reading

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IN: After federal court suppressed search, feds hand case off to state; no preclusive effect from federal suppression

Under dual sovereignty, the federal court’s suppression of evidence in defendant’s federal criminal case had no preclusive effect on a following state court prosecution. The identity of the parties was different. On the merits, the state court concludes there was … Continue reading

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D.V.I.: 911 call from a child was exigency to go to the back door too

A 911 call from a child on the premises was exigency for going to the door. When the door was open, the police could see through to the backyard that there were marijuana plants growing there. The initial exigency, however, … Continue reading

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IA: Shots fired call where officers heard of a man slumped over a railing and saw cars struck by bullets was exigent circumstances for entry

The community caretaking function justified the warrantless entry here into defendant’s apartment. Officers responded to a shots fired call at an apartment complex, saw bullet damage to cars, and had a report of a person slumped over a balcony railing. … Continue reading

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D.N.J.: Holding a vehicle 4 days before searching it was not unreasonable

“While law enforcement held the Durango for four days after the seizure before searching it pursuant to a warrant, this delay did not render the continuing seizure of the Durango unreasonable. See Donahue, 764 F.3d at 300-01 (collecting cases and … Continue reading

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N.D.Cal.: Prolonging traffic stop to inquire of probation or parole status unreasonable

Prolonging the traffic stop for further information on defendant’s parole and probation status was unreasonable. It diverted from the traffic stop. United States v. Gould, 2022 U.S. Dist. LEXIS 142915 (N.D. Cal. Aug. 10, 2022). The protective sweep of defendant’s … Continue reading

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NY2: Search of wallet during a frisk unreasonable

Officers violated the Fourth Amendment during defendant’s frisk when they removed his wallet from his pocket and searched it. People v. Lewis, 2022 NY Slip Op 04920, 2022 N.Y. App. Div. LEXIS 4797 (2d Dept. Aug. 10, 2022). The officer … Continue reading

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D.Minn.: Police delay in responding to 911 call in part belied exigency

There no longer was exigency, in part here from the police delay in responding to 911 call, and what was observed was innocuous. No exigency on the totality. Cotten v. Miller, 2022 U.S. Dist. LEXIS 139360 (D. Minn. Aug. 5, … Continue reading

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CT: Def’s missing father was exigency for warrantless entry

The entry into defendant’s house was justified by the emergency exception because his father had been missing for days. State v. Samuolis, 2022 Conn. LEXIS 213 (Aug. 9, 2022). As to probable cause, “The district court found the affidavits constitutionally … Continue reading

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NE: State showed exigency for warrantless blood draw

Driver’s going in and out of consciousness at the scene of a wreck was probable cause for a blood draw. Medical treatment at ER would interfere with it. “This case presents a textbook case of exigent circumstances under Mitchell.” State … Continue reading

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