Daily Archives: March 2, 2017

OH7: House door wide open, no cars in driveway, skittish dog and a lot of dog feces justified entry on exigency

The emergency aid exception justified entry into defendant’s house where the officer reasonably feared the owner or occupant of the house was in some sort of danger based upon the front door being wide open in the middle of winter, … Continue reading

Posted in Emergency / exigency | Comments Off

CA7: Being passed out at the wheel is RS of drunk driving

Being passed out at the wheel is reasonable suspicion of drunk driving. Still, the officer had the authority to order defendant out of the car and the gun would have been seen inevitably anyway. United States v. Dickson, 2017 U.S. … Continue reading

Posted in Reasonable suspicion | Comments Off

OH5: Statute makes meth lab exigency per se; entry to freeze premises for SW reasonable

Ohio statute states that a methamphetamine lab is per se an exigency, and the officer’s seizure without a search warrant to get a search warrant was reasonable. State v. Umstead, 2017-Ohio-698, 2017 Ohio App. LEXIS 691 (5th Dist. Feb. 24, … Continue reading

Posted in Emergency / exigency, Reasonable suspicion | Comments Off

The automobile exception is 92 years old today

Carroll v. United States, 267 U.S. 132 (1925)

Posted in Automobile exception, SCOTUS | Tagged | Comments Off