knock-&-announce, burst in when heard shuffling & on radio that guys trying to escape through window Exigent circumstances even before knock & scurrying b/c urgent need under (listing 6 exigency factors) Dorman Could’ve disposed of drugs or pre-recorded bill Just b/c drugs easy to dispose of doesn’t eliminate exigency exception Kearse: No factual showing of risk of evid destruction & no indication occupants knew of surveillance This becomes blanket permission to enter w/o warrant for all drug cases Knock-&-announce req = excused if imminent risk of evid Richards – destruction, but prove on case-by-case basis Important factors = D’s knowledge of cops’ presence & imminence of risk to evid D killed cop during drug bust; Homicide came in 10 min Mincey – & searched entire house for 4 days No exigency here No murder scene exception b/c what about rape, armed robbery, etc. Cops arrested D in home after hearing he was DWI; Justified Welsh – b/c didn’t want to lose evidence (BAC) Warrantless entry = presumptively unreasonable if extremely minor underlying offense like DWI (noncrim, no imprisonment) Manufactured Exigency: Cops burst into drug house when heard scurrying (2C) MacDonald – Cops don’t create exigency by acting lawfully Exigency determination = objective & based on totality of circumstances Don’t depend on suspects’ response to lawful conduct (DCC) Similar facts to but no prior basis Timberlake MacDonald, – for knocking Invalid entry b/c no indication cops intended any more than warrantless search of apartment Cops aren’t allowed to create exigent circumstances Admin Searches: Generally ok w/o warrant & individualized suspicion if primary purpose law ≠ enforcement Totality of circumstances determines primary purpose Weigh gov’s interest v. degree of intrusion Premises: Health inspector inspected homes w/o warrant or Camara – individualized PC 4A applies b/c invasion of privacy, but individualized PC is impossible
knock-&-announce, burst in when heard shuffling & on radio that guys trying to escape through window Exigent circumstances even before knock & scurrying b/c urgent need under Dorman (listing 6 exigency factors) Could’ve disposed of drugs or pre-recorded bill Just b/c drugs easy to dispose of doesn’t eliminate exigency exception Kearse: No factual showing of risk of evid destruction & no indication occupants knew of surveillance This becomes blanket permission to enter w/o warrant for all drug cases Richards – Knock-&-announce req = excused if imminent risk of evid destruction, but prove on case-by-case basis Important factors = D’s knowledge of cops’ presence & imminence of risk to evid Mincey – D killed cop during drug bust; Homicide came in 10 min & searched entire house for 4 days No exigency here No murder scene exception b/c what about rape, armed robbery, etc. Welsh – Cops arrested D in home after hearing he was DWI; Justified b/c didn’t want to lose evidence (BAC) Warrantless entry = presumptively unreasonable if extremely minor underlying offense like DWI (noncrim, no imprisonment) Manufactured Exigency: MacDonald (2C) – Cops burst into drug house when heard scurrying Cops don’t create exigency by acting lawfully Exigency determination = objective & based on totality of circumstances Don’t depend on suspects’ response to lawful conduct Timberlake (DCC) – Similar facts to MacDonald, but no prior basis for knocking Invalid entry b/c no indication cops intended any more than warrantless search of apartment Cops aren’t allowed to create exigent circumstances Admin Searches: Generally ok w/o warrant & individualized suspicion if primary purpose ≠ law enforcement Totality of circumstances determines primary purpose Weigh gov’s interest v. degree of intrusion Premises: Camara – Health inspector inspected homes w/o warrant or individualized PC 4A applies b/c invasion of privacy, but individualized PC is impossible
Criminal%20Procedure%20-%20Cheh%20-%20Fall%202011.docx