{"id":54345,"date":"2023-02-22T07:53:14","date_gmt":"2023-02-22T12:53:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54345"},"modified":"2023-02-22T07:53:14","modified_gmt":"2023-02-22T12:53:14","slug":"va-no-exigency-on-police-arrival-at-a-disorderly-call-entry-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54345","title":{"rendered":"VA: No exigency on police arrival at a &#8220;disorderly&#8221; call; entry unreasonable"},"content":{"rendered":"\n<p>\u201cWhen the police arrived in response to the \u2018disorderly\u2019 call, there was no ongoing disorderly conduct or any indication of any other ongoing crime. Dickens appeared unharmed when she first opened the door to Officer Thornton&#8217;s knock, and she said nothing about the earlier disturbance as she walked past him to her apartment next door. The officers had no reasonable belief that contraband would be removed or destroyed; in fact, they had no belief any contraband would be found. There were three officers on the scene. A situation is not \u2018urgent\u2019 if \u2018it appears that there is no imminent change to the <a href=\"https:\/\/www.vacourts.gov\/opinions\/opncavwp\/0837212.pdf\">circumstances <\/a>about to occur and that the status quo largely can be maintained while the officers seek a warrant.\u2019\u201d <a href=\"https:\/\/www.vacourts.gov\/opinions\/opncavwp\/0837212.pdf\">Baskerville v. Commonwealth<\/a>, 2023 Va. App. LEXIS 108 (Feb. 21, 2023).<\/p>\n\n\n\n<p>Defendant was not prejudiced by post-trial disclosure of pole camera video of the house searched with a warrant because it was neither inculpatory nor exculpatory. United States v. Smart, 2023 U.S. App. LEXIS 3928 (8th Cir. Feb. 21, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cWhen the police arrived in response to the \u2018disorderly\u2019 call, there was no ongoing disorderly conduct or any indication of any other ongoing crime. Dickens appeared unharmed when she first opened the door to Officer Thornton&#8217;s knock, and she said &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54345\">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":[3,92],"tags":[],"class_list":["post-54345","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-pole-cameras"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54345","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=54345"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54345\/revisions"}],"predecessor-version":[{"id":54346,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54345\/revisions\/54346"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54345"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54345"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54345"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}