OH5: Officer’s entry into garage following erratic driver was justified as a welfare check on condition of driver, even though she was helped into the house

The officer’s entry into defendant’s garage after the car was parked askew and the door left open justified a welfare check at the door of the house. The officer responded to a 911 call about an erratic driver, and he saw defendant helped into the house. “Here, when viewed objectively, certainly there was a reasonable basis for Officer Wright to believe Street could be in need of assistance, and that a welfare check was prudent. Based on Gregorich’s report, Street’s driving was profoundly impaired. Street could have been intoxicated, or she could have been in need of medical assistance. We find Wright’s entry into the Street’s attached garage to check for occupants in the Honda Accord, did not violate Street’s Fourth Amendment protections.” State v. Street, 2020-Ohio-173, 2020 Ohio App. LEXIS 142 (5th Dist. Jan. 21, 2020).

Defendant’s 2255 Fourth Amendment claim that his phone records were obtained without a warrant is rejected because they clearly were with a warrant. Clark v. United States, 2020 U.S. Dist. LEXIS 10157 (N.D.Ga. Jan. 22, 2020).*