{"id":3236,"date":"2009-12-24T08:27:34","date_gmt":"2009-07-10T08:04:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-07-10T08:04:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3236","title":{"rendered":"FL4: Knock-and-talk with open door did not permit entry here"},"content":{"rendered":"

Police came to defendant’s apartment for a knock-and-talk, and they found the door open and saw the defendant in the kitchen area just inside the door wiping the counter with a paper towel and a scale with a straw and white powder on it. They entered without a warrant. There was no indication that the defendant was aware of their presence such that he was destroying the evidence, thus, an exigent circumstance, and the entry was unreasonable. Cote v. State<\/a>, 14 So. 3d 1137 (Fla. App. 4 DCA 2009):<\/p>\n

Comparing the case at hand with Gnann, Gilbert, and Garcia, when Detectives Mijal and Maldonado arrived at Cote’s apartment and observed the contraband through the open door, the record does not support that Cote was aware of the detectives’ presence. In addition, although Cote was seen wiping down the kitchen counter where the digital scale and the white powdery substance were located, we cannot infer from that that he was in the process of destroying that evidence. We cannot tell from this record what Cote was wiping from the counter. (Perhaps it was peanut butter and jelly from his lunch sandwich.) Yet the dissent argues it was a reasonable inference that Cote was next going to wipe the cocaine from the scale, hence the exigent circumstances to excuse obtaining a warrant. It is just as reasonable to infer that, unlike whatever Cote was wiping from the counter, the cocaine on the scale had a certain value to him – a cocaine user – and that he had no intention of destroying it, being unaware at that point of the police presence outside. Thus, when the detectives entered Cote’s apartment without a warrant, they–not Cote–created the exigent circumstance. And such exigency, under Gnann, Gilbert, and Garcia, does not justify a violation of the search warrant requirement of the Fourth Amendment.<\/p><\/blockquote>\n

Officer could order defendant out of his vehicle during a traffic stop under Mimms<\/a>. The officer saw the slide of a gun in the car. United States v. Anderson, 2009 U.S. Dist. LEXIS 57381 (E.D. Va. July 6, 2009).*<\/p>\n

The trial court was permitted to disbelieve the defendant’s testimony that she was told she was required to cooperate. Handy v. State<\/a>, 298 Ga. App. 633, 680 S.E.2d 646 (2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-3236","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3236","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=3236"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3236\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3236"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3236"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3236"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}