{"id":53688,"date":"2022-11-30T09:36:00","date_gmt":"2022-11-30T14:36:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53688"},"modified":"2022-12-01T09:38:05","modified_gmt":"2022-12-01T14:38:05","slug":"ca3-fire-scene-search-for-potential-spread-was-exigent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53688","title":{"rendered":"CA3: Fire scene search for potential spread was exigent"},"content":{"rendered":"\n<p>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 fire. The look in the basement was based on exigent circumstances. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/221079np.pdf\">Cannarozzo v. Borough of W. Hazelton<\/a>, 2022 U.S. App. LEXIS 32804 (3d Cir. Nov. 29, 2022).<\/p>\n\n\n\n<p>\u201cBut the totality of the circumstances\u2014the anonymous tip, the ongoing emergency, the matching description, the high crime area, Moore&#8217;s attempt to evade the officers, and Moore&#8217;s refusals to remove his hands from his pockets\u2014was enough for a reasonable and cautious officer in the officers&#8217; shoes to conclude a crime had been committed and that Moore was \u2018armed and dangerous.\u2019\u201d United States v. Moore, 2022 U.S. Dist. LEXIS 213650 (E.D.N.Y. Nov. 28, 2022).*<\/p>\n\n\n\n<p>The information from the tipster was incomplete and not predictive or good enough to provide reasonable suspicion for the stop of defendant\u2019s car. Motion to suppress granted. United States v. Lacayo, 2022 U.S. Dist. LEXIS 213646 (N.D. Cal. Nov. 28, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53688\">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":[9,3,44,35],"tags":[],"class_list":["post-53688","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-emergency-exigency","category-informant-hearsay","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53688","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=53688"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53688\/revisions"}],"predecessor-version":[{"id":53689,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53688\/revisions\/53689"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53688"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53688"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53688"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}