{"id":49917,"date":"2021-10-14T07:56:35","date_gmt":"2021-10-14T12:56:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49917"},"modified":"2021-10-14T07:56:35","modified_gmt":"2021-10-14T12:56:35","slug":"va-claim-of-exigency-belied-by-45-minute-wait-and-then-seeking-telephonic-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49917","title":{"rendered":"VA: Claim of exigency belied by 45 minute wait and then seeking telephonic SW"},"content":{"rendered":"\n<p>The officers\u2019 claim they didn\u2019t have time to get a search warrant before entering because the magistrate was 30 minutes away was belied by the fact that they waited 45 minutes and then got a telephone authorization to search after the entry. On the totality, there was no exigency. <a href=\"https:\/\/www.vacourts.gov\/opinions\/opncavwp\/0994204.pdf\">White v. Commonwealth<\/a>, 2021 Va. App. LEXIS 182 (Oct. 12, 2021).<\/p>\n\n\n\n<p>Crime victim\u2019s report as basis for a search warrant is not governed by the same standards as unidentified informants. Huff v. State, 2021 Alas. App. LEXIS 141 (Oct. 13, 2021).<\/p>\n\n\n\n<p>Defendant\u2019s encounter with the police at the Kansas City Greyhound station was consensual. By the time a dog sniff occurred, there was reasonable suspicion. The dog alert was probable cause. United States v. Matthews, 2021 U.S. Dist. LEXIS 196197 (W.D.Mo. Sept. 17, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officers\u2019 claim they didn\u2019t have time to get a search warrant before entering because the magistrate was 30 minutes away was belied by the fact that they waited 45 minutes and then got a telephone authorization to search after &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=49917\">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":[24,3,44],"tags":[],"class_list":["post-49917","post","type-post","status-publish","format-standard","hentry","category-consent","category-emergency-exigency","category-informant-hearsay"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49917","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=49917"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49917\/revisions"}],"predecessor-version":[{"id":49918,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49917\/revisions\/49918"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49917"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49917"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49917"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}