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OH2: Report of burglary in progress was exigency for entry

By John Wesley Hall, Jr.

A report of neighbors that there was a burglary in progress in a house that was previously unoccupied for two weeks and seeing defendants running away from the house was exigency for an entry into the house to investigate additional suspects or victims. Drying marijuana was found. State v. Goodwin, 2010 Ohio 6480, 2010 Ohio App. LEXIS 5387 (2d Dist. December 29, 2010).* Leaving stuff in an abandoned house was a waiver of any expectation of privacy. State v. Wilson, 2010 La. App. LEXIS 1798 (La. App. 5th Cir. December 28, 2010).* Defendant validly consented to a BAC test. He was on probation, and he would have been revoked for refusing consent. State v. Hiner, 2010 Ore. App. LEXIS 1656 (December 29, 2010).* Detailed report from identified CI was sufficient in itself to provide probable cause once corroborated...continue to full post

Full post as published by Fourth Amendment on January 04, 2011 (boomark / email).