{"id":23984,"date":"2016-10-05T14:21:10","date_gmt":"2016-10-05T19:21:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23984"},"modified":"2016-10-05T08:22:54","modified_gmt":"2016-10-05T13:22:54","slug":"fl1-assault-of-officer-on-porch-attempting-to-talk-to-def-leading-to-police-entry-and-more-resisting-not-subject-to-exclusion","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=23984","title":{"rendered":"FL1: Assault of officer on porch attempting to talk to def leading to police entry and more resisting not subject to exclusion"},"content":{"rendered":"<p>Police came to defendant\u2019s trailer to talk to him about a domestic battery allegation. He refused to come out, and argued at the door with the police. Finally, he reached out and slapped an officer\u2019s hand. That led to them trying to arrest him when he assaulted officers. The legality of the entry isn\u2019t an issue: \u201cThe exclusionary rule does not command suppression of evidence that Tims violently resisted arrest and accosted officers, lawfully present or not.\u201d <a href=\"https:\/\/edca.1dca.org\/DCADocs\/2015\/2346\/152346_DC05_10042016_101750_i.pdf\">Tims v. State<\/a>, 2016 Fla. App. LEXIS 14742 (Fla. 1st DCA Oct. 4, 2016).<\/p>\n<p>During a knock-and-talk with four officers, when the door was opened, drug paraphernalia was in plain view. When one of the four occupants headed to the back and didn\u2019t respond to a command to stop, a protective sweep was justified. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2016\/2016-Ohio-7097.pdf\">State v. Harris<\/a>, 2016-Ohio-7097, 2016 Ohio App. LEXIS 3997 (2d Dist. Sept. 30, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police came to defendant\u2019s trailer to talk to him about a domestic battery allegation. He refused to come out, and argued at the door with the police. Finally, he reached out and slapped an officer\u2019s hand. That led to them &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=23984\">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":[14,54],"tags":[],"class_list":["post-23984","post","type-post","status-publish","format-standard","hentry","category-exclusionary-rule","category-knock-and-talk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23984","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=23984"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23984\/revisions"}],"predecessor-version":[{"id":23985,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23984\/revisions\/23985"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23984"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23984"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23984"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}