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Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment by Jeffrey Cohen The Supreme Court of Illinois reversed the Appellate Court’s denial of the defendant’s suppression motion, holding that contraband discovered by police inside …
First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased by Anthony Accurso by Anthony W. Accurso The United States Court of Appeals for the First Circuit held that the Government failed to satisfy its burden of proof that the emergency-aid exception …
Article • March 15, 2023 • from CLN April, 2023
Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff by Jacob Barrett by Jacob Barrett The Supreme Court of Pennsylvania upheld a Superior Court’s decision that a blood sample taken by hospital staff must be suppressed because neither the exigent …
Article • July 15, 2022 • from CLN August, 2022
Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home by Anthony Accurso by Anthony W. Accurso The Supreme Court of Hawai’i ruled that the apparent randomness and violent nature of the offense for which a suspect was …
Article • February 15, 2022 • from CLN March, 2022
SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that there is no categorical rule allowing a warrantless entry into a home when police are pursuing …
Article • February 15, 2022 • from CLN March, 2022
Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances by Jacob Barrett by Jacob Barrett  The Supreme Court of Oregon affirmed a circuit court order suppressing evidence discovered in a warrantless search conducted …
Article • September 15, 2021 • from CLN October, 2021
Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry by Anthony Accurso by Anthony Accurso The Supreme Court of Wyoming held that police lacked exigent circumstances required to justify warrantless entry to a suspect’s apartment where the suspect was fleeing arrest for a traffic …
Article • June 15, 2020 • from CLN July, 2020
South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina rejected the U.S. Supreme Court’s ruling in Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019), to …
Article • April 15, 2020 • from CLN May, 2020
First Circuit: Securing a Weapon Not Used in Offense Is Not Exigent Circumstance Permitting Warrantless Entry and Search of Suspect’s Home by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit reversed a district court’s order denying a defendant’s motion to suppress on the basis …