{"id":55529,"date":"2023-08-03T07:39:49","date_gmt":"2023-08-03T12:39:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55529"},"modified":"2023-08-03T07:39:49","modified_gmt":"2023-08-03T12:39:49","slug":"ca5-no-police-wrongdoing-here-to-support-police-created-exigency","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55529","title":{"rendered":"CA5: No police wrongdoing here to support &#8220;police created exigency&#8221;"},"content":{"rendered":"\n<p>Defendant came in to the police for an interview about sex assault in the Army. As it developed, exigency for seizure of defendant\u2019s cell phone arose. This was not a police created exigency which requires some wrongdoing on the part of the police. Everyone concedes this was routine until then. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/21\/21-51229.0.pdf\">United States v. Yeong Song<\/a>, 2023 U.S. App. LEXIS 19843 (5th Cir. Aug. 1, 2023).<\/p>\n\n\n\n<p>A search warrant doesn\u2019t have to be present at the time of the search to be valid (Grubbs). The court credits that there was a search warrant and it wasn\u2019t all made up as defendant alleges. State v. Queen, 2023 Del. Super. LEXIS 360 (July 31, 2023).*<\/p>\n\n\n\n<p>Handcuffing for officer safety during a stop-and-frisk doesn\u2019t require probable cause. \u201cIn determining whether use of handcuffs during an investigatory detention is warranted, the Court may consider the seriousness of the crime under investigation.\u201d Here, it was factually justified. United States v. Pendergrass, 2023 U.S. Dist. LEXIS 133118 (E.D. Tenn. Aug. 1, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s post-conviction claim the warrant was issued without probable cause couldn\u2019t be decided without putting it in the record. State v. Cooper, 2023 Del. Super. LEXIS 365 (July 31, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant came in to the police for an interview about sex assault in the Army. As it developed, exigency for seizure of defendant\u2019s cell phone arose. This was not a police created exigency which requires some wrongdoing on the part &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55529\">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":[50,66,3,69,16],"tags":[],"class_list":["post-55529","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-burden-of-proof","category-emergency-exigency","category-seizure","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55529","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=55529"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55529\/revisions"}],"predecessor-version":[{"id":55530,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55529\/revisions\/55530"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55529"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55529"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55529"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}