{"id":1816,"date":"2008-06-22T07:11:59","date_gmt":"2008-02-24T09:30:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-24T12:03:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1816","title":{"rendered":"While an officer may approach premises as any other person with legitimate business, defendant’s partially open door did not invite an entry"},"content":{"rendered":"

Defendant’s use of “no trespassing” signs indicated that the police had no business going any further. “The State argues because the door was partially open, the officer’s decision to enter the home was reasonable. While an open door may ‘invite the gaze of curious passers-by and lessen the reasonable anticipation of privacy in the home,’ it does not alone justify an officer’s entry into the home.” The question of “reasonable expectation of privacy” is reviewed de novo. State v. Kochel<\/a>, 2008 ND 28, 744 N.W.2d 771 (2008).<\/p>\n

So called “acting landlord” of the property had apparent authority to consent to search of property from which the defendant had been evicted. His eviction ended his reasonable expectation of privacy. State v. Fischer<\/a>, 2008 ND 32, 744 N.W.2d 760 (2008).<\/p>\n

A drug dog was used during defendant’s license check after a speeding stop, and it was not illegal. The trial court erred in granting the motion to suppress. State v. White<\/a>, 2008 Ohio 657, 175 Ohio App. 3d 302, 886 N.E.2d 904 (9th Dist. 2008).*<\/p>\n

Officer’s testimony that he saw defendant illegally pass a school bus was evidence enough to justify the stop. City of Youngstown v. Jones<\/a>, 2008 Ohio 710, 2008 Ohio App. LEXIS 614 (7th Dist. February 13, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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