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OH3: Police could enter on PC to freeze apartment until warrant arrived because of risk of destruction of evidence

By John Wesley Hall, Jr.

On the advice of an Assistant State's Attorney because a warrant would take extra time to procure that day because of unavailability of the municipal judge, officers were justified in entering defendant's apartment with probable cause to freeze it and prevent destruction or sale of heroin when a warrant was obtained. No search occurred until the warrant issued. State v. Holt, 2010 Ohio 2298, 2010 Ohio App. LEXIS 1887 (3d Dist. May 24, 2010): [*P44] The C[omputer] A[ssisted] D[ispatch] notes from February 23, 2009, indicated that Sanchez was stopped at 6:58 p.m. and her heroin was found at 7:08 p.m. It also indicated that Smith's heroin was found at 7:06 p.m. The notes further showed that the police entered the home at 7:22 p.m. and that Holt ran at that time...continue to full post

Full post as published by Fourth Amendment on May 25, 2010 (boomark / email).