Exigent Circumstances - Every Officer Must Know This

Every police officer must know this about warrantless home entry.
Must know case law:
Brigham City v. Stuart, 547 U.S. 398 (2006): supreme.justia.com/cases/fede...
Lange v. California, 594 U.S. ____ (2021):
www.supremecourt.gov/opinions...
Kentucky v. King, 563 U.S. 452 (2011):
www.supremecourt.gov/opinions...
Check out my legal courses for police officers:
policelegaltraining.com
New Mexico Search and Seizure Training 09/19/2022 @ Las Cruces PD. More info here: tacticalattorney.com/law-enfo...
Podcast available where you listen to podcasts or listen to The Podcast Here: www.spreaker.com/show/tactica...
Erik Scramlin is a former Chief Deputy District Attorney and current owner of Tactical Legal Solutions, LLC. Courses and contact information available at policelegaltraining.com
Get a copy of the Tactical Attorney Objections and Foundations Cheat Sheet here: www.subscribepage.com/tactica...
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.

[@user-gx2yy1df6f]

cops have this idea that once they lure us out of our homes that we,re fair game, " just come out and talk to us " , "thats right just a couple steps out here" " ok just one more step, ok GET HIM"!!!

[@elifield7149]

Ya ok

[@stevetortas9217]

Not at all how it works 💀💀💀

[@MisterMikeTexas]

That's why you stay inside and keep your door shut. You're welcome.

[@roddycreswell8613]

Cops that break into a house without a warrant have placed themselves on the open season list.

[@jlk566]

Learn to lie and cheat to avoid responsibility...in New Mexico they play this game with masterful regularity. Farmington fiasco is proof

[@blkhrt480]

Castle Doctrine applies as soon as Anyone is breaking into your dwelling, just ask Polk County Sheriff Grady Judd,

[@Jer19Jr]

Police would be proficient with Exigent Circumstances if we ended qualified immunity.

[@leventy11]

Sounds like plenty of ways to float out justification to barge in private property.

[@tacticalattorney]

It is actually very limited. The Courts apply a great deal of scrutiny to warrantless entry into a home, which is why law enforcement really needs to be trained in depth on these 4th Amendment issues.

[@leventy11]

@@tacticalattorney Bet you that most police departments just train harder at circumventing laws rather than understanding laws.

[@writingonthewalls9052]

@@leventy11If you actually understood how the Supreme Court works with regards to the constitution you would know that it’s actually very difficult for police to just circumvent the constitution . Everything that they are allowed to do is done with respect to the constitution.

[@Jer19Jr]

​@@tacticalattorneyPolice would be proficient with Exigent Circumstances if we ended qualified immunity.

[@leventy11]

In a perfect world, cops respect anything. I've seen too many cases where cops fake up justification to get a search warrant. Cop-minded prosecutors issue dubious arrest warrants, that's the problem.

[@deanfranklin6870]

Have you considered addressing 1st Amendment Audits and public photography?

[@tacticalattorney]

That's definitely a good topic. I have Nieves v. Bartlett (the Arctic Man case) in the stack.

[@deanfranklin6870]

@@tacticalattorney Outstanding. Especially with the 2 very different styles. Those who are quite, courteous and nonconfrontational and the in your face, rude and confrontational Auditors. The latter who may well make auditing extinct

[@godsofourland95]

Address that? How? Those guys do research. It's very annoying, but completely lawful.

[@deanfranklin6870]

@@godsofourland95 except that not every police department or officer knows that. Or even accepts it. Otherwise, there wouldn't be any stories about Auditors being arrested. Actually, your response is a perfect example.

[@catwoman2596]

@@deanfranklin6870 it doesn't matter how rude they are because Freedom of Speech is protected...for now anyway's. If "pesky citizens" lose rights then your family, friends and EVERYONE is.

[@wldktz1]

It’s not uncommon for drivers to pull into their driveways on traffic stops. Does this mean that once they pull into a driveway/curtilage the traffic stop is over if you only have traffic violations per Lange vs. California?

[@tacticalattorney]

Excellent question, generally speaking, no. Driveways are part of the implied license discussed in Florida v. Jardines. Therefore an officer may lawfully be in the driveway in most circumstances.

[@hunterandhollysstbernardco9365]

Excellent thank you very helpful

[@BowWowPewPewCQ]

Along the lines of the 4th Amendment and warrantless entry can you please consider discussing curtilage and the open-fields rule in the future? A focus point of mine is in semi-rural areas with out buildings, fences, gates, signage, etc. Thanks for presenting the info you do the way you do.

[@tacticalattorney]

Yes, this is a great topic to discuss and it can get a bit confusing. I will definitely consider doing a breakdown on this in the future. Thank you for the comment and suggestion.

[@catwoman2596]

Question, what if someone borrowed a trailer (for hauling) from someone that was stolen and they sincerely didn't know it was stolen? Would that give the police the right to search the person's home and vehicles that borrowed the trailer without a search warrant? Would borrowing the trailer give the police probable cause to search everything?

[@tacticalattorney]

Its hard to answer the question without knowing all of the facts. Generally speaking, a warrant is required to search a trailer. However, there are exceptions such as the mobile conveyance doctrine that may apply. It is always preferable to apply for a search warrant but there are instances where warrantless searches may be permissible under the law. Thanks for the comment and question.

[@GIDEONkjv]

Yeah.. there are 3 categories, but many court cases have had different definitions (or should I say exceptions-if thats the word). For instance I have a kid that is special needs and can get out of hand sometimes. Well there was an instance where as my wife and him were leaving the house he grabbed and started pulling her hair. My wife was pretty much fighting back and actually threw water on him to get him to let go (which he did). Well, turns out there were some kids across the street who thought my wife was being abusive and called the cops. At this point my boy was back inside the house and when the police showed up we told them what happened and that everyone was okay, but they insisted that they wanted entrance to the house to check on our boy. I refused to let them enter but they tried really hard to look through the door. The police did leave but said they "could" have arrested my wife, but said given the situation refused to do so. My wife was cited for "simple battery" but eventually dropped by the judge. That is a whole different mess, but my main concern is if the police would have been justified under "exigent circumstance" to enter my home based on a witness across the street. This is something that ALWAYS concerns us having a child with behavioral issues. Is a "witness" without any audio or visual proof sufficient for exigent circumstance?? Again, thats why I bring this up.. My wife was actually the only one hurt, but they did not really check on her.. they were simply concerned about our boy based on a witness with no audio or visual proof. I mean.. ultimately the cops did not enter the house so they must have thought they may not have reasonable cause, but who knows!

[@ericallan521]

But fleeing from police in a motor vehicle is a felony ?

[@tacticalattorney]

Depending on your state law and the specific facts in May be. However, in New Mexico for example, it is only a misdemeanor to disregard the lights and sirens. It does not become a felony until the suspect creates a risk of harm to the community (evidence by high speeds, disregarding traffic control devices etc).

[@user-gx2yy1df6f]

as an ex sailor we had our own flag , as did all the branches, if cops want their own flags let them design one of thier own , might i suggest something with a YELLOW STREAK running down the back!, seems appropo.

[@Sean-fo8kg]

4th Amendment circumvention 101: They “smelled marijuana”

[@kamilegier4730]

The biggest problem is the individual cops involved don’t suffer any consequences for their misdeeds. When money starts to come out of their pocket they will stop violating civil rights, they will stop trying to be clever finding dubious ways to get around constitutional rights

[@user-gx2yy1df6f]

9:00 there was no evidence that those weren,t plastic props used for movies .

[@enriqueavalos6854]

You are great! Thank you for doing what you are doing

[@tacticalattorney]

Thank you! I appreciate it very much.

[@kamilegier4730]

Does an arrest warrant for an individual give them the right to search a third party’s home where the believe the person might be but does not live there

[@tugmeboat]

Two types of warrants, an arrest warrant and a search warrant. Their names are relatively indicative of their purpose. A warrant will specify where they can search and what or who they can search for. Arrest warrants are rather plain, simply authorizing arrest. If it is an arrest warrant, they would still need an exception(hot pursuit usually) to look in that person's residence. What typically happens is they knock and talk, they see the person and arrest them as they have an arrest warrant for that person. If the warrant is for a felony and the person ran in the house, they'd pursue under hot pursuit exception. If not a felony, or just for good measure, they establish probable cause that the person is there, post to watch exits and call to secure a search warrant for that person at that address, then enter via the search warrant. Or at least that's what they should do. It really doesn't come up though unless there is additional evidence collected during the execution of the warrant via plain view or search incident to arrest, unless the person wants to seek a civil rights violation for an illegal search. Outside of that, it's not worth the cost to bring up, as the person already had an arrest warrant issued for something else to get to that point. Challenging their seizure won't "undue" the arrest warrant, they won't let them out without seeing a judge. So it could only serve to supress other evidence found as a result(maybe drugs in the house or on them depending on situation), or in a civil rights USC 1983 claim for unlawful search. 1983 claims need to be well founded or done pro se, as they're generally expensive.

[@user-gx2yy1df6f]

yeah ! as i suspected, you didn,t address what you said you would, what if the cop has no consent, exegent or warrant but his foot is stuck in my door and i,ve asked him several times to remove it , i might as well add just to stave off a tangent that there is no suspicion of eveidence being destroyed, can i shut the door on his foot? we both KNOW if i do that i.ll be YANKED out of MY home and beaten, tazed and charged with battery on a police officer!

[@MisterMikeTexas]

That's why you don't open the door in the first place. Have a peephole in your door or some sort of camera so you can see who walked up. If it's the police, talk through the door, and keep it shut.

[@chrisj3205]

Nice hat. How's that boot taste?

[@josephmelosh350]

How be you get RID OF THAT Flag defacing hat you ARE wearing!!!

[@cainster]

How be you writing such a stupid question.

[@hafsalinda]

Probable cause of what? Probable cause to believe you created a crime in his presence or within his view

[@Cg.Training_Addicts]

@tactical attorney do you have an instagram account/do you post anything similar to these posts on there? Excellent content & very useful for us knuckle dragger cops

[@tacticalattorney]

Thank you! I do have an Instagram account but haven't posted in quite some time. It's definitely on the list of things to get caught up on.

[@skinnyWHITEgoyim]

I got arrested at home. The police said they recieved a call that someone was shooting and fighting. Long story short my two sons who are both military live with me and were target shooting in our backyard. We live in rural Kentucky. The police pulled in my driveway and drew gins on us. Put us in handcuffs then entered .y home and took over 30,000 dollars worth of guns and ammo from my sons even though they werent charged with anything. They charged me with felon in possession of a handgun and felon in possession of a firearm for one of my sons shotguns. My question is how did they even have the right to enter my home? Everyone was outside and they were told this prior to entering and they went in anyway. I told my lawyer this but he doesnt seem to be willing to fight them. Do you believe i have grounds to fight or are they justified just on a supposed phone call from a neighbor? Even though nobody was even in the house.

[@tacticalattorney]

Unfortunately I cannot give legal advice. You should discuss these matters with your attorney.