Before doing this, officers should either seek warrants or present facts that establish exigent circumstances
and those circumstances must be something beyond the danger of "imminent destruction of evidence" that arises anytime the body of a DWI suspect is in the metabolic process of lowering, minute by minute, his or her BAC level.
the border fail to recognize that the exigent circumstances
With "exigent circumstances
" and "search incident to arrest" no longer options, most of us who prosecute in blood-testing jurisdictions were forced to make rapid adaptations in how we prosecute and advise law enforcement on this cases.
By refusing to splice exigent circumstance
considerations from the
The Supreme Court of Missouri and a number of other courts have found that Schmerber requires more "special facts" beyond the dissipation of alcohol from an individual's bloodstream to qualify as an "exigent circumstance
." In justifying their decisions, these courts have pointed to the text of Schmerber that states that the "judgment [was reached] only on the facts of the present record," and the judgment was permitted "under stringently limited conditions." (140) These courts have generally stated that requiring more of a case-by-case analysis of the circumstances at hand "is the result of balancing the state's interest in collecting evidence against the defendant's interests in privacy and bodily integrity." (141)
Subsection (C), "destruction of or tampering with evidence," mirrors the third type of exigent circumstance
: the need '"to prevent the imminent destruction of evidence,'" which "has long been recognized as a sufficient justification for a warrantless search." (128)
The motion judge agreed, concluding that the ping was a search under the Fourth Amendment and Article 14 of the Declaration of Rights and that the search had not been justified by the exigent circumstances
exception to the warrant requirement.
Four justices dissented on exigent circumstances
, while two said neither good faith nor exigency saved the search from being a Fourth Amendment violation.
We conclude as follows: (1) the law enforcement officer did not have consent to enter Reed's apartment; (2) even if the officer had initially been given consent to enter the apartment, which he was not, consent would have been unequivocally revoked before the officer's entry into the apartment; and (3) exigent circumstances
did not justify the officer's opening Reed's apartment door.
The postconviction court denied appellant's petition on multiple grounds, reasoning in part that, if Trahan and Thompson apply retroactively to a conviction that has reached final judgment, appellant did not satisfy his burden of proving that there were no exigent circumstances
that would have justified a warrantless search of his blood or urine.
Kinlaw's mother, April Carter, filed suit in Baltimore City Circuit Court last year alleging White-Bey was driving at an excessive speedand operating contrary to department policy, which prohibits engaging in high-speed pursuits except under exigent circumstances
Of note, the court clarified that although a warrant is generally required to access stored geolocation data, said requirement was inapplicable in the face of exigent circumstances