{"id":2989,"date":"2010-03-26T06:43:54","date_gmt":"2009-03-07T10:23:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-03-08T09:39:40","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2989","title":{"rendered":"CO: Officer safety was not shown to be an exigency in a vehicle theft case"},"content":{"rendered":"

Defendant had a reasonable expectation of privacy in his fenced backyard. A warrantless entry into the backyard was not permitted because there no exigent circumstances justifying it. The asserted justification of officer safety was not shown in this vehicle theft case. People v. Brunsting<\/a>, 224 P.3d 259 (Colo. App. 2009):<\/p>\n

Here, the People do not rely on the first two factors set forth above (and the trial court did not find the deputies were in “hot pursuit,” or that there was a risk the occupants of the house would destroy evidence relating to the stolen vehicle). Rather, the People contend that the exigent circumstance justifying the deputies’ entry in the backyard was their “reasonable … belie[f] that their lives might be in danger when they knocked on the door to ask about the vehicle.” (Emphasis added.) Hence, we must determine whether, when Deputy C first entered the backyard and later moved to the back door, there was a colorable claim of an emergency situation threatening the life or safety of the deputies (or others) sufficient to justify the entry. We conclude there was not.<\/p>\n

. . .<\/p>\n

Here, it is the obligation of the People–as the party bearing the burden of proving the applicability of the exigent circumstances exception–to make a colorable claim that, when Deputy C entered the backyard and when he moved to the back door, it would have appeared to a prudent and trained police officer that an emergency situation already existed and threatened the deputies’ lives or the safety of others.<\/p>\n

Except for the testimony that the owner spoke in a loud voice, the record does not show, and the People do not argue, that when Deputy C entered the backyard, circumstances required an immediate warrantless entry in response to a risk of immediate destruction of the vehicle or an immediate threat to the deputies or others. There is no evidence that anyone inside the house was in danger or that the allegedly stolen vehicle was in danger of destruction. …\n<\/p><\/blockquote>\n

In an animal abuse case, the defendant consented to bringing the animals out to be seen by the officer. People v. Lewis, 2009 NY Slip Op 29091, 23 Misc. 3d 49 (2d Dept. 2009).*<\/p>\n

Crossing the centerline is RS for a stop. State v. Guseman<\/a>, 2009 Ohio 952, 2009 Ohio App. LEXIS 792 (4th Dist. February 27, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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