An objection to a BAC test for lack of foundation and improper procedure does not preserve a Fourth Amendment challenge. Petersen v. State, 2022 Mo. LEXIS 226 (Nov. 22, 2022).
The officers made a valid plain view to damage to defendant’s car from the street. Defense counsel wasn’t ineffective for not challenging that. Kinney v. Gray, 2022 U.S. Dist. LEXIS 211540 (N.D. Ohio Oct. 20, 2022),* adopted, 2022 U.S. Dist. LEXIS 210899 (N.D. Ohio, Nov. 21, 2022).*
“[W]e conclude that, contrary to defendant’s contention, the court properly determined that exigent circumstances existed to permit the warrantless entry into defendant’s room. The police observed the stab wounds that the victim sustained and had not accounted for the knife that was used to inflict them, the victim knew defendant as another resident of the rooming house in which they both lived and identified him by his nickname, and defendant’s room was locked from the inside. Thus, in light of all the facts, we agree with the court that ‘there was an urgent need that justifie[d] a warrantless entry’.” People v. Holmes, 2022 NY Slip Op 06598, 2022 N.Y. App. Div. LEXIS 6502 (4th Dept. Nov. 18, 2022).*