{"id":12303,"date":"2014-06-29T01:38:02","date_gmt":"2014-06-29T06:38:02","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12303"},"modified":"2014-06-28T08:39:06","modified_gmt":"2014-06-28T13:39:06","slug":"oh2-dive-to-floor-on-opening-door-was-exigency","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=12303","title":{"rendered":"OH2: Dive to floor on opening door was exigency"},"content":{"rendered":"<p>When the door to defendant\u2019s hotel room was opened, his dive toward the floor was exigent circumstances where they already suspected he was armed. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2014\/2014-ohio-2820.pdf\">State v. Peck<\/a>, 2014-Ohio-2820, 2014 Ohio App. LEXIS 2760 (2d Dist. June 27, 2014).<\/p>\n<p>Officers came to a house looking for a man and had a description. They knocked and were leaving when the door opened and a man matching the description opened the door with what officers thought was a gun in hand. He saw the officers and shut and locked the door. Then there was a commotion inside. Officers entered without a warrant, and the trial court credited the one officer, the only witness, who testified that there was exigency. \u201cHe then heard commotion from which he concluded that that someone inside the house had been harmed or was at risk of harm.\u201d [The defense called this \u201cdubious,\u201d but there wasn\u2019t anything to contradict it.] <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/9\/2014\/2014-ohio-2745.pdf\">State v. Berg<\/a>, 2014-Ohio-2745, 2014 Ohio App. LEXIS 2697 (9th Dist. June 25, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When the door to defendant\u2019s hotel room was opened, his dive toward the floor was exigent circumstances where they already suspected he was armed. State v. Peck, 2014-Ohio-2820, 2014 Ohio App. LEXIS 2760 (2d Dist. June 27, 2014). Officers came &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=12303\">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],"tags":[],"class_list":["post-12303","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12303","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=12303"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12303\/revisions"}],"predecessor-version":[{"id":12304,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12303\/revisions\/12304"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12303"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12303"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12303"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}