Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

OH5: Shots fired call and witnesses directing officers to house of shooter justified entry under exigency

By John Wesley Hall, Jr.

A shots fired call brought the police to defendant’s house, and witnesses said the shooter was inside. That was a sufficient exigent circumstance for an entry and a protective sweep. State v. Thomas, 2010 Ohio 4627, 2010 Ohio App. LEXIS 3915 (5th Dist. September 24, 2010).* “Enactment of a statute that permits self-help repossession does not amount to the significant state involvement necessary for the Fourth and Fourteenth Amendments to apply.” Ford Motor Credit Co. v. Ryan, 2010 Ohio 4601, 2010 Ohio App. LEXIS 3897 (10th Dist. September 28, 2010).* Defendant who was under constructive arrest in the hospital after a DWI accident was subject to a taking of his blood, and it was reasonable in this case. State v. May, 2010 Ohio 4594, 2010 Ohio App...continue to full post

Full post as published by Fourth Amendment on October 01, 2010 (boomark / email).