{"id":64504,"date":"2026-07-26T10:52:27","date_gmt":"2026-07-26T15:52:27","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64504"},"modified":"2026-07-26T10:52:27","modified_gmt":"2026-07-26T15:52:27","slug":"mt-exigency-is-found-in-the-totality-of-circumstances","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64504","title":{"rendered":"MT: Exigency is found in the totality of circumstances"},"content":{"rendered":"\n<p>In a domestic dispute, officers had exigent circumstances to enter on the totality of circumstances. Defendant challenged them one-by-one, but the totality applies. <a href=\"https:\/\/juddocumentservice.mt.gov\/getDocByCTrackId?DocId=576734\">State v. Friscia<\/a>, 2026 MT 158 (July 21, 2026).<\/p>\n\n\n\n<p>It was not reasonably subject to dispute that plaintiffs continued to resist after being handcuffed and on the ground such that other force was necessary. Post-arrest, \u201cAnd even if we might agree with them that some of the deputies&#8217; conduct and statements escalated the situation by being unnecessarily condescending or disrespectful, an officer&#8217;s subjective state of mind does not make an otherwise reasonable use of force unconstitutional.\u201d Hayes v. Owen, 2026 U.S. App. LEXIS 21601 (10th Cir. July 21, 2026).*<\/p>\n\n\n\n<p>The warrantless search of defendant\u2019s house was valid because he was on supervised release with a search condition. United States v. Woolf, 2026 U.S. Dist. LEXIS 161574 (D. Idaho July 20, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a domestic dispute, officers had exigent circumstances to enter on the totality of circumstances. Defendant challenged them one-by-one, but the totality applies. State v. Friscia, 2026 MT 158 (July 21, 2026). It was not reasonably subject to dispute that &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=64504\">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":[3,52,58],"tags":[],"class_list":["post-64504","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-excessive-force","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64504","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=64504"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64504\/revisions"}],"predecessor-version":[{"id":64505,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64504\/revisions\/64505"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64504"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64504"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64504"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}