{"id":1523,"date":"2008-02-17T11:32:25","date_gmt":"2007-11-12T16:48:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-11-12T16:48:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1523","title":{"rendered":"First two entries in fire scene search were valid, second was to retrieve a camera; third was invalid"},"content":{"rendered":"<p>In a fire scene search, the first was immediately after the fire while it was still being put out, and the officer wanted to collect evidence before water could damage it. His leaving the scene was just to retrieve a camera to photograph what was there, and that was merely a continuation of the first entry. The third search, however, was later in time and to collect criminal evidence, so the first two entries were valid and the third was not.  <a href=\"http:\/\/fnweb1.isd.doa.state.mt.us\/idmws\/docContent.dll?Library=CISDOCSVR01^doaisd510&amp;ID=003778233\">State v. Lewis<\/a>, 2007 MT 295, 340 Mont. 10, 171 P.3d 731 (2007).<\/p>\n<p>The defendant&#8217;s encounter with the officer in this case in a convenience store parking lot was purely consensual, and the record supports that finding. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/newpdf\/8\/2007\/2007-ohio-5950.pdf\">State v. Cobbs<\/a>, 2007 Ohio 5950, 2007 Ohio App. LEXIS 5215 (8th Dist. November 8, 2007).*<\/p>\n<p>Two guys were stopped having bought lithium batteries and psuedophedrine and they admitted that they were delivering them to the defendant&#8217;s garage in exchange for money and drugs. They became informants and made the delivery. The police entered without a warrant, but they procured a warrant later. The primary illegality of the warrantless entry was purged by the issuance of the warrant based on independent probable cause. Horn v. Commonwealth, 240 S.W.3d 665 (Ky. App. 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1523\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1523","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1523","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1523"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1523\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1523"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1523"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1523"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}