{"id":44211,"date":"2020-06-19T12:28:24","date_gmt":"2020-06-19T17:28:24","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44211"},"modified":"2020-06-19T12:28:24","modified_gmt":"2020-06-19T17:28:24","slug":"oh2-furtive-movement-during-knock-and-talk-justified-entry","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=44211","title":{"rendered":"OH2: Furtive movement during knock-and-talk justified entry"},"content":{"rendered":"\n<p>Officers entered an apartment building with the consent of one of the tenants when they were investigating a threat with a firearm by one of the tenants. Their knock-and-talk at defendant\u2019s door was reasonable, as was ordering him to open the door under the totality of circumstances. Officers were justified in entering when defendant made a furtive gesture with his hands. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2020\/2020-Ohio-3390.pdf\">State v. Morrow<\/a>, 2020-Ohio-3390, 2020 Ohio App. LEXIS 2320 (2d Dist. June 19, 2020).<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not challenging defendant\u2019s blood draw on Fourth Amendment grounds. The hospital took it in the normal course of treatment and the state didn\u2019t compel it. The state obtained it from the hospital. <a href=\"https:\/\/www.jud.ct.gov\/\/external\/supapp\/Cases\/AROap\/AP198\/198AP276.pdf\">Davis v. Comm&#8217;r of Corr.<\/a>, 2020 Conn. App. LEXIS 193 (June 23, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers entered an apartment building with the consent of one of the tenants when they were investigating a threat with a firearm by one of the tenants. Their knock-and-talk at defendant\u2019s door was reasonable, as was ordering him to open &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=44211\">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":[55,3,23,54,35],"tags":[],"class_list":["post-44211","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-emergency-exigency","category-ineffective-assistance","category-knock-and-talk","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44211","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=44211"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44211\/revisions"}],"predecessor-version":[{"id":44212,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44211\/revisions\/44212"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44211"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44211"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44211"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}