OH9: Merely having open garage door for a couple of days didn’t warrant emergency aid entry

The emergency aid exception did not warrant entry into defendant’s home and finding marijuana. Neighbors reported that the garage door had been open for a couple of days, and that was unusual. There was no sign of breaking and entering, and there were no recent reports of any in that specific neighborhood. State v. Hendrix, 2014-Ohio-3577, 2014 Ohio App. LEXIS 3514 (9th Dist. August 20, 2014).

After an accident, the officer observed defendant who smelled of alcohol and behaved erratically, but there might have been a head injury. All occupants went to the hospital. After more observation, the officer got a search warrant for defendant’s BAC, which was valid. State v. Minett, 2014 MT 225, 2014 Mont. LEXIS 481 (August 19, 2014).*

A one minute video was the entire basis of the stop because the officer testified that he had to rely on the video at trial, and the video doesn’t support the basis for the DUI stop. State v. Wild, 2014 Tenn. Crim. App. LEXIS 812 (August 20, 2014).*