In March, the Justice Department inspector general found that the FBI had secret contracts with three telephone companies to obtain Americans' phone records, claiming "exigent circumstances," when, in many instances, none existed.
The officers also claim that exigent circumstances justify the warrantless search.
But the recent US magistrate order that Apple assist the US Government in unlocking the San Bernardino shooter's iPhone, particularly absent any claim of exigent circumstances, is troubling.
The review also found several instances in which agents claimed there were exigent circumstances when none existed.
Where phone records are concerned, the FBI has a history of circumventing the requirement for a warrant, notoriously in the years after 9/11 with "exigent letters" seeking billing records, which claimed – often falsely – that the situation was an emergency and a grand jury was about to be convened.
In a statement recorded shortly after Gray's death and played for the jury, Mr. Porter said he didn't believe Gray when he claimed to be hurt because people routinely fake injury so they can go to the hospital rather than jail, and that medics don't come when officers call unless it's an "exigent" situation.
Any warrantless entry based on exigent circumstances must, of course, be supported by a genuine exigency.
King claims that this entry and search violated his Fourth Amendment rights because there was no exigent circumstance which permitted the officers to enter his apartment without a warrant.
"He was cantankerous, exigent, a difficult person.
In this case, the police caused the exigent circumstances themselves.
ANTONY: Why do you cross me in this exigent?
