HI: When valid SW executed, no 5A taking involved

When a valid search warrant is executed, there is no Fifth Amendment taking. Young v. Haw. Island Humane Soc’y S.P.C.A., 2022 Haw. App. LEXIS 21 (Feb. 9, 2022) (unpublished).

“Here, the totality of the circumstances then appearing to the officers demonstrated that exigent circumstances existed, justifying the seizure of Defendant. The officers who arrived at the rural, wooded property before sunup on November 10 were armed with a 911 report from a neighbor nearby indicating that a murder may have occurred and that a man shouting in the woods may need help …. Upon arrival, the officers’ observations of Defendant’s yelling and frantic behavior confirmed the 911 report and the potential threat to the safety of Defendant, the officers, and those around them presented by the situation. …. Because of the darkness, the officers could not determine whether Defendant had a weapon …. Defendant’s aggressive behavior after the officers announced themselves only heightened the threat posed. … Defendant’s conduct and the surrounding circumstances created an objectively reasonable basis for the officers to conclude there was “an emergency situation demand[ing] immediate police action,” which justified the warrantless seizure of Defendant.” United States v. Partin, 2022 U.S. Dist. LEXIS 24927 (E.D.Tenn. Feb. 11, 2022).*