Daily Archives: April 8, 2023

E.D.Va.: Seizing def as he was opening his door was an invasion of the curtilage without exigency

After an attempted traffic stop, following defendant to his front door and stopping him after the screen door was opened in between it and the front door was curtilage, even in an apartment building. There was no exigency justifying the … Continue reading

Posted in Curtilage, Emergency / exigency, Franks doctrine, Probation / Parole search | Comments Off on E.D.Va.: Seizing def as he was opening his door was an invasion of the curtilage without exigency

CA11: Mere fact of a firearm in the home wasn’t exigency here

“Although Officer Plesnik now arrived with the knowledge that there was a firearm on site, the mere presence of a firearm—without more—did not transform the non-exigent scene into an exigent circumstance and trigger the emergency aid exception. Indeed, by the … Continue reading

Posted in Emergency / exigency, Probable cause, Warrant papers, Warrant requirement | Comments Off on CA11: Mere fact of a firearm in the home wasn’t exigency here