OH’s three exigent entry cases in two days

There was no justification for a warrantless entry into defendant’s house to check on her welfare after an accident. The only information the police had was that she was not injured. There was no exigency because this was not a hot pursuit under Welsh; the police didn’t even see the accident. City of Cleveland v. Lynch, 2012 Ohio 5740, 2012 Ohio App. LEXIS 4942 (8th Dist. December 6, 2012).

There was a warrantless entry into defendant’s house based on a shots fired call and the police arrived there three minutes after the call. No evidence from that entry was admitted at trial, so there could be no error. State v. Cowan, 2012 Ohio 5723, 2012 Ohio App. LEXIS 4927 (8th Dist. December 6, 2012).*

The officer was sent to the house on a welfare check, and it was dark and remote. Cars were in the driveway, but there was no answer at the door which was unlocked and ajar. The officer pushed open the door, and the room looked ransacked like the place had been burglarized. Drugs were seen in plain view. While this was a “close call,” the court decides that this was a valid welfare check entry based on the totality. State v. Hallam, 2012 Ohio 5793, 2012 Ohio App. LEXIS 4981 (2d Dist. December 7, 2012).*