CA10: Entry onto curtilage at 3:30 am was reasonable based on exigency of domestic battery call

Police approach to defendant’s house at 3:30 am was reasonable because it was based on a domestic violence report to check on his wife. “Finally, Jardines, King, and Manzanares do not apply here. The Officers did not search Mr. Martinez’s property, see Jardines, 569 U.S. at 11-12, nor compel him to answer questions, see King, 563 U.S. at 469-70. Nor did they ‘remain[] in his home without a warrant or valid exception to the warrant requirement’ after he ‘unequivocally asked [them] to leave.’ Manzanares, 575 F.3d at 1143, 1146.” Martinez v. United States, 2020 U.S. App. LEXIS 22263 (10th Cir. July 17, 2020).*

Defendant’s motion to suppress was denied, and then his guilty plea waived the issue. State v. Merrick, 2020-Ohio-3744, 2020 Ohio App. LEXIS 2669 (2d Dist. July 17, 2020).*