{"id":4463,"date":"2012-04-11T10:39:24","date_gmt":"2010-07-22T08:55:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-22T08:55:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4463","title":{"rendered":"NC: Toddler on the highway that belonged to mobile home where nobody answered and door ajar justified entry"},"content":{"rendered":"

Officer\u2019s entry into defendant\u2019s mobile home was based on exigent circumstances. He found a toddler on the side of a highway near the home, and he was able to ascertain the one by seeing a picture of the child in a pickup truck parked outside. He looked in the vehicle for the registration, and officers were calling around trying to find the parent. Nobody answered at the mobile home, and the officer went to the back door which was ajar and a diaper was on the top step. While there was no sign of blood or foul play, the entry was reasonable under the circumstances. State v. Cline<\/a>, 205 N.C. App. 676, 696 S.E.2d 554 (2010).<\/p>\n

The defendant was talking with an officer and he dropped a folded dollar bill and put his foot over it. He then picked it up and the officer asked for it. The officer asked what it was and defendant said it was \u201ca little bit for play\u201d\u2013cocaine. The admission was suppressible, but the seizure was not because it was with probable cause. State v. Delaoz<\/a>, 2010 VT 65, 189 Vt. 385, 22 A.3d 388 (2010).*<\/p>\n

The entry into the defendant\u2019s apartment was with exigent circumstances that he caused a gas leak after bizarre behavior. People v Leggett<\/a>, 2010 NY Slip Op 6177, 75 A.D.3d 609, 904 N.Y.S.2d 773 (2d Dept. 2010)*:<\/p>\n

The defendant, who had recently been released from prison, was staying in a friend’s apartment, and refused to allow his friend to enter the apartment when she returned from visiting her mother. Despite the efforts of his father and the police, the defendant refused to leave the apartment, instead responding incoherently with threats, profanities, demands for a search warrant, and a request that the police supply him with drugs. When the police heard the defendant moving appliances to block the door, they became concerned about the possibility of a gas leak if the stove was moved. The police therefore forced open the door, which was blocked with a refrigerator, and they arrested the defendant, who was found in possession of three handguns and ammunition.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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