{"id":24544,"date":"2016-11-27T00:07:37","date_gmt":"2016-11-27T05:07:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24544"},"modified":"2016-11-26T17:55:06","modified_gmt":"2016-11-26T22:55:06","slug":"sd-exigent-circumstances-justified-warrantless-entry-into-defs-apartment-in-case-there-was-an-injured-victim-inside","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=24544","title":{"rendered":"SD: Exigent circumstances justified warrantless entry into def&#8217;s apartment in case there was an injured victim inside"},"content":{"rendered":"<p>Exigent circumstances supported the warrantless entry into defendant\u2019s apartment. A witness told the police he\u2019d been asked to move a body and he did move a heavy suitcase, big enough to hold the body of a woman. He didn\u2019t know whether there was a body in there or not, but there was blood on the floor. The defendant was crying he was \u201csorry.\u201d The police had objective justification for a warrantless entry into his apartment in case the victim was injured not dead. <a href=\"http:\/\/ujs.sd.gov\/uploads\/sc\/opinions\/27817.pdf\">State v. Rogers<\/a>, 2016 SD 83, 2016 S.D. LEXIS 137 (Nov. 22, 2016).<\/p>\n<p>The search of defendant\u2019s cell phones were prior to Riley so they are valid under the Davis good faith exception. United States v. McCutcheon, 2016 U.S. Dist. LEXIS 162183 (W.D.N.Y. June 22, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Exigent circumstances supported the warrantless entry into defendant\u2019s apartment. A witness told the police he\u2019d been asked to move a body and he did move a heavy suitcase, big enough to hold the body of a woman. He didn\u2019t know &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=24544\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,11],"tags":[],"class_list":["post-24544","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-good-faith-exception"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24544","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=24544"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24544\/revisions"}],"predecessor-version":[{"id":24545,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24544\/revisions\/24545"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24544"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24544"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24544"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}