{"id":3702,"date":"2010-05-18T17:29:13","date_gmt":"2010-01-05T09:06:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-05T09:06:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3702","title":{"rendered":"OH9: State failed to show exigency for entry without warrant"},"content":{"rendered":"

The trial court\u2019s findings of lack of consent and exigent circumstances are supported by the evidence. State v. Angelo<\/a>, 2009 Ohio 6966, 2009 Ohio App. LEXIS 5862 (9th Dist. December 31, 2009).* As to exigent circumstances:<\/p>\n

[*P18] We conclude that the State also failed to present evidence of articulable facts that the officers reasonably believed that re-entry into the home was necessary to respond to some emergency. Id. at PP17-18. Neither officer testified that Angelo or Goldsby were exhibiting frantic or erratic behavior or otherwise impeding the officers’ investigation. The officers did not describe the scene at the home as hectic or chaotic. Goldsby and Angelo were no longer physically or verbally assaulting each other when the officers arrived and it is reasonable to believe that removing Goldsby from the home quelled the threat of further violence. Moreover, Officer Stump testified that he was able to observe Angelo through the window in the front door as Angelo was sitting on the couch speaking with others in the house. Officer Stump did not testify that Angelo was exhibiting erratic or aggressive actions as they observed him. Additionally, as Goldsby was secured in the police cruiser, she was no longer in any danger by way of any conduct Goldsby attributed to Angelo prior to the police arriving. Finally, at no point while the officers were at the home was Angelo armed with a weapon. The facts presented do not demonstrate that there was an emergency in the home that required response from the officers on scene. Accordingly, it was not an error for the trial court to find that exigent circumstances did not justify re-entry into the home.<\/p><\/blockquote>\n

Defendant\u2019s stop was based on his vehicle tags not matching the vehicle, and the officer saw the makings of a blunt, which led to him asking for consent, which was valid. State v. Williams<\/a>, 2009 Ohio 6955, 2009 Ohio App. LEXIS 5848 (9th Dist. December 31, 2009).*<\/p>\n

Analyzing all the facts in detail, the court concludes on the totality of circumstances that defendant\u2019s consent to search his vehicle for a gun was valid. United States v. Swanson, 677 F. Supp. 2d 1030 (N.D. Ill. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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