In the first case, the Western District ruled that while Missouri's implied-consent law permits officers to draw blood from unresponsive drivers, officers still must apply for a warrant unless there's an
exigent circumstance and the waning of a suspect's blood-alcohol content does not suffice as one.
In addition, there is an
exigent circumstance exception to the
In McNeely the Supreme Court determined that a search of a potentially impaired driver was not a per se
exigent circumstance authorizing a warrantless search, despite the well-known scientific evidence relating to the dissipation of alcohol concentration in a subject's blood over time.
separate
exigent circumstance standard, an integrated exigent
On appeal to the Court of Appeals for the Eastern District of Missouri, the State argued that the Supreme Court of the United States established that the rapid dissipation of alcohol in an individual's bloodstream is by itself a "special fact" constituting an "
exigent circumstance" justifying a warrantless and nonconsensual blood draw on an alleged intoxicated driver.
Finally, remember one reason for a backup is it allows you to arm someone you trust, who desperately needs a gun but doesn't have their own, during an
exigent circumstance. It's a good idea to make sure anyone who fits that profile, from your patrol car partner to your significant other, knows how to run your backup gun in an emergency.
These exceptions are legally referred to as "
exigent circumstances" and include such things as hearing screams for help from inside, directly following a fleeing felon into the residence, or seeing a person (or crucial evidence) in imminent jeopardy, but the Court's new ruling adds an interesting twist to "
exigent circumstances." One controversial
exigent circumstance which has been accepted is that bit about destruction of evidence.
Ginsburg said a legitimate "
exigent circumstance" typically exists when police arrive at a scene, "not subsequent to their arrival, prompted by their own conduct." In other words, police should not be allowed to create their own exception to the Fourth Amendment's warrant requirement.
Could you or someone else lend a gun in such an
exigent circumstance? State law or local law may prevent it.
"There has to be an
exigent circumstance," he said.
California, a ruling that will figure prominently in a panel discussion, "Searching Our Cells and Sites and Admissibility of Social Media," scheduled for Friday morning at the Maryland State Bar Association's Legal Summit & Annual Meeting in Ocean City.<br />In Riley, a unanimous court held police cannot search someone's smartphone incident to arrest without a warrant or an
exigent circumstance. That is the same standard applied to the home, but to few if any other places following an arrest under Supreme Court precedent regarding the Constitution's Fourth Amendment protection against unreasonable search and seizure.<br />Andrew D.
The first four items on this list--subsections (A)-D)--closely resemble the Fourth Amendment categories of "
exigent circumstances." Subsection (A), preventing danger to the "life or physical safety of any individual," is substantively the same as the "emergency aid" type of "
exigent circumstance." "Under the 'emergency aid' exception, ...