OH10: Emergency or hot pursuit didn’t justify entry during knock-and-talk

Bike patrol officers smelled burning marijuana, and that led to them to a hotel room. When they knocked, defendant opened the door and they barged in. The entry was unlawful and couldn’t be sustained under any emergency or hot pursuit exception. State v. Thomas, 2015-Ohio-1778, 2015 Ohio App. LEXIS 1721 (10th Dist. May 12, 2015).

Defendant’s nervousness wasn’t a factor in reasonable suspicion, but his unusual travel plans were. He flew one-way and was driving a rented car in somebody else’s name, rented as a favor, and had a suspended driver’s license, which made it implausible he would volunteer to drive. All this added up to reasonable suspicion. United States v. Pettit, 2015 U.S. App. LEXIS 7923 (10th Cir. May 13, 2015).*

“[T]he confidential informant’s report that Fowler had ‘sold purported Cocaine Base from his apartment’ was corroborated by the confidential informant’s controlled drug purchase from Fowler, at that address.” The search warrant was thus issued with probable cause. State v. Fowler, 2015 Mo. App. LEXIS 522 (May 12, 2015).*