{"id":11990,"date":"2014-06-12T06:33:25","date_gmt":"2014-06-12T11:33:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11990"},"modified":"2014-06-14T15:43:02","modified_gmt":"2014-06-14T20:43:02","slug":"d-utah-domestic-disturbance-call-of-man-with-gun-justified-entry","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=11990","title":{"rendered":"D.Utah: Domestic disturbance call of man with gun justified entry"},"content":{"rendered":"<p>The officer\u2019s entry into the home on a domestic disturbance call where defendant was allegedly armed and wouldn\u2019t come out was based on exigency and his wife\u2019s consent. United States v. Avalos, 2014 U.S. Dist. LEXIS 78886 (D. Utah June 4, 2014).*<\/p>\n<p>Two controlled buys with other information was probable cause for issuance of a search warrant. Defendant claims that the warrant was defective for allegedly misidentifying him as the owner of the premises. That, however, is irrelevant because this search warrant is directed at property, not the person. In addition, the good faith exception applies, too, not that it matters. United States v. Parker, 2014 U.S. Dist. LEXIS 78591 (W.D. Pa. June 10, 2014).*<\/p>\n<p>The Court of Claims can\u2019t hear Fourth Amendment or \u00a7 1983 claims. Slone v. United States, 2014 U.S. Claims LEXIS 493 (June 4, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer\u2019s entry into the home on a domestic disturbance call where defendant was allegedly armed and wouldn\u2019t come out was based on exigency and his wife\u2019s consent. United States v. Avalos, 2014 U.S. Dist. LEXIS 78886 (D. Utah June &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=11990\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,20],"tags":[],"class_list":["post-11990","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11990","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11990"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11990\/revisions"}],"predecessor-version":[{"id":12043,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11990\/revisions\/12043"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11990"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11990"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11990"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}