{"id":4780,"date":"2011-03-31T23:34:39","date_gmt":"2010-10-15T07:32:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-15T07:32:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4780","title":{"rendered":"CT: Emergency animal welfare entry was unjustified"},"content":{"rendered":"

The emergency search of defendant\u2019s house because of the smell of animal feces was not justified under the Fourth Amendment. The police had been in contact with the defendant before, and, on the day in question, there was a few days of mail, cars parked outside, and dogs barking inside. While there certainly was probable cause for a warrant, there was no showing of an immediate threat. State v. Demarco<\/a>, 124 Conn. App. 438, 5 A.3d 527 (2010).*<\/p>\n

The court found that Cobb had previously had contacts with the defendant as a result of numerous complaints from his neighbors relating to his keeping of dogs, a notice from animal control that was left by Cobb was on the floor on the front porch when Cobb returned ten days later, there was mail overflowing from the mailbox, the defendant’s neighbor had not seen him in a few days, the house smelled terribly, there were dogs barking and there were multiple vehicles parked on the premises. None of these facts, either individually or cumulatively, suggests that the defendant or the dogs were in immediate<\/em> danger or that an objectively reasonable police officer would believe that a dangerous situation existed, such that it necessitated an emergency entry.<\/p><\/blockquote>\n

A controlled buy with a CI captured on video three days earlier provided probable cause for the search warrant. United States v. Smith, 2010 U.S. Dist. LEXIS 108639 (D. S.C. October 12, 2010).*<\/p>\n

The search of defendant\u2019s car would not be justified under Gant, but marijuana was seen in plain view in the car and that justified a search under the seat that produced a gun. United States v. Hall<\/a>, 397 Fed. Appx. 860 (4th Cir. 2010) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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