{"id":4220,"date":"2010-05-25T11:56:31","date_gmt":"2010-05-25T11:57:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-05-25T11:55:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4220","title":{"rendered":"OH3: Police could enter on PC to freeze apartment until warrant arrived because of risk of destruction of evidence"},"content":{"rendered":"

On the advice of an Assistant State’s Attorney because a warrant would take extra time to procure that day because of unavailability of the municipal judge, officers were justified in entering defendant’s apartment with probable cause to freeze it and prevent destruction or sale of heroin when a warrant was obtained. No search occurred until the warrant issued. State v. Holt<\/a>, 2010 Ohio 2298, 2010 Ohio App. LEXIS 1887 (3d Dist. May 24, 2010):<\/p>\n

[*P44] The C[omputer] A[ssisted] D[ispatch] notes from February 23, 2009, indicated that Sanchez was stopped at 6:58 p.m. and her heroin was found at 7:08 p.m. It also indicated that Smith’s heroin was found at 7:06 p.m. The notes further showed that the police entered the home at 7:22 p.m. and that Holt ran at that time. Also, these notes indicated that Holt was apprehended and the home secured at 7:28 p.m. Thus, the CAD notes revealed that the detectives entered the home less than twenty minutes after obtaining information sufficient to obtain a warrant. The CAD notes also confirmed the testimony of the detectives that everything happened fairly quickly once the Bravada was spotted despite the seeming disparity in times noted in the detectives’ individual reports. Thus, the trial court could reasonably have relied upon the CAD time frames to support its finding that the police had a reasonably objective basis for concluding that the loss or destruction of evidence was imminent.<\/p>\n

[*P45] Given these facts, we find that the police had an objectively reasonable belief that the destruction of heroin was imminent and they were justified in entering 492 Silver Street for the limited purpose of securing the premises and preventing the loss or destruction of evidence. Furthermore, their mode of entry was also reasonable given the need to act quickly, the limited time they had to organize an entry, and the fact that their need to act quickly resulted in an entry team consisting of only three men who were in plain clothes, armed with merely their sidearms, and only a vest to protect them, rather than entry by a heavily armed SWAT team in full protective gear. Additionally, they knocked on the door, waited for it to be answered before entering the home, and immediately identified themselves as police officers.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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