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Pearson v. Commonwealth — Court of Appeals opinion, 2002-22-1

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- 14 - escape if the suspects are not swiftly apprehended; and (10) the suspects’ recent entry into the premises after hot pursuit. Id. at 410-11. The foregoing is not an exhaustive list of factors, nor are they “a checklist to be applied mechanically with some raw number of factors resulting in a finding of exigency.” White, 73 Va. App. at 555. Also, these “considerations should not be viewed in binary terms, either ‘yes’ a factor is present or ‘no’ it is not.” Id. Rather, “each of the considerations, much like the overarching question of exigency itself, represents a continuum or a sliding scale with some circumstances warranting more concern than others even if a factor is nominally present in both instances.” Id. Finally, “the exigency analysis requires a review of ‘the totality of the circumstances.’” Id. (quoting Missouri v. McNeely, 569 U.S. 141, 149 (2013)). Pearson contends that Berry created an emergency by making six calls to the Newport News 9-1-1 call center and three calls to Fairfax County police on their non-emergency number attempting to make false reports about his son’s safety. Berry’s repeated false reports to law enforcement prompted Pearson and three other officers to return to Berry’s residence, thus limiting their availability to perform other more pressing duties. In further support of Pearson’s assertion that exigent circumstances justified both the warrantless entry and subsequent arrest of Berry, Pearson cites the effect of the repeated calls by Berry consuming the scarce resources of the call centers. Pearson further speculates that had law enforcement waited to obtain a warrant, “Berry’s conduct could have limited the fire department being dispatched to a house fire; medics being dispatched to someone having a heart attack; or the police being dispatched to a crime of violence.” Though, “[f]alse crime reports compel police to divert scarce resources toward unproductive ends, thereby reducing the availability of resources to catch real criminals,” Dunne v. Commonwealth, 66 Va. App. 24, 30 (2016), Berry’s actions here did not create an exigent circumstance overcoming the robust constitutional protections he enjoyed in his home. In addition,
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