{"id":17259,"date":"2015-05-17T00:23:14","date_gmt":"2015-05-17T05:23:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17259"},"modified":"2015-05-16T08:25:01","modified_gmt":"2015-05-16T13:25:01","slug":"oh10-emergency-or-hot-pursuit-didnt-justify-entry-during-knock-and-talk","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=17259","title":{"rendered":"OH10: Emergency or hot pursuit didn&#8217;t justify entry during knock-and-talk"},"content":{"rendered":"<p>Bike patrol officers smelled burning marijuana, and that led to them to a hotel room. When they knocked, defendant opened the door and they barged in. The entry was unlawful and couldn\u2019t be sustained under any emergency or hot pursuit exception. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/10\/2015\/2015-Ohio-1778.pdf\">State v. Thomas<\/a>, 2015-Ohio-1778, 2015 Ohio App. LEXIS 1721 (10th Dist. May 12, 2015).<\/p>\n<p>Defendant\u2019s nervousness wasn\u2019t a factor in reasonable suspicion, but his unusual travel plans were. He flew one-way and was driving a rented car in somebody else\u2019s name, rented as a favor, and had a suspended driver\u2019s license, which made it implausible he would volunteer to drive. All this added up to reasonable suspicion. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/14\/14-4043.pdf\">United States v. Pettit<\/a>, 2015 U.S. App. LEXIS 7923 (10th Cir. May 13, 2015).*<\/p>\n<p>\u201c[T]he confidential informant&#8217;s report that Fowler had \u2018sold purported Cocaine Base from his apartment\u2019 was corroborated by the confidential informant&#8217;s controlled drug purchase from Fowler, at that address.\u201d The search warrant was thus issued with probable cause. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=86480\">State v. Fowler<\/a>, 2015 Mo. App. LEXIS 522 (May 12, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Bike patrol officers smelled burning marijuana, and that led to them to a hotel room. When they knocked, defendant opened the door and they barged in. The entry was unlawful and couldn\u2019t be sustained under any emergency or hot pursuit &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=17259\">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":[3,44,54,35],"tags":[],"class_list":["post-17259","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-informant-hearsay","category-knock-and-talk","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17259","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=17259"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17259\/revisions"}],"predecessor-version":[{"id":17260,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17259\/revisions\/17260"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17259"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17259"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17259"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}