FL5: Apparent ongoing animal abuse is an exigency permitting entry onto curtilage

Police responded to a call about suspected animal abuse and a beating of a dog. When the officer arrived he could hear the beating, and he came into the backyard and saw a bloodied dog with his tongue out. The dog was dead. The entry into the backyard was based on an exigency. State v. Archer, 2018 Fla. App. LEXIS 18070 (Fla. 5th DCA Dec. 14, 2018).

Defendant’s wife recorded a conversation with him on an app on her phone, albeit in violation of the Florida wiretap statute. It should be suppressed, but it’s harmless on this record. Smith v. State, 2018 Fla. App. LEXIS 18066 (Fla. 5th DCA Dec. 14, 2018).*

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