{"id":5055,"date":"2012-02-07T09:11:22","date_gmt":"2011-01-05T10:41:27","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-01-05T10:41:27","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5055","title":{"rendered":"OH5: [Mere] possibiity a confederate saw defendant’s arrest in car after leaving apartment justified warrantless entry"},"content":{"rendered":"

Officers were told by a CI of a sale of drug store pseudophedrine in exchange for meth and then destruction of the packaging. Officers following defendant saw him dispose of trash. They detained him, frisked him with probable cause and found a small quantity of meth. They took him back to his place and searched, then got a search warrant. The possibility that others involved could have seen defendant\u2019s arrest and could destroy evidence justified the entry. State v. Channell<\/a>, 2010 Ohio 6566, 2010 Ohio App. LEXIS 5428 (5th Dist. December 30, 2010)*:<\/p>\n

\n [*P25] The informant told the detectives that appellant was getting ready to leave his apartment. Id. at 20. The detectives observed appellant leave and drive away. A traffic stop was initiated and appellant was returned to his apartment. The detectives believed if someone had observed the stop of appellant, they might have tipped off the remaining persons in the apartment. Id. at 22, 24. Upon this belief, detectives entered the apartment to secure it pending the issuance of a warrant.<\/p>\n

[*P26] Detective Doug Bline testified upon entry to appellant’s apartment, he observed a white bag with pseudoephedrine boxes and some drug paraphernalia (foil). A small amount of methamphetamine was found on an occupant in the apartment.<\/p>\n

[*P27] The items seized were of little use in the prosecution of appellant’s case. The exigent circumstances articulated by the police were sufficient to justify their entry for the protection of possible evidence. There were sufficient facts to establish that the items sold by the informant would be taken from the premises and it was likely the evidence from the sale would be destroyed. Also, given the stop of appellant in a high drug crime area, there was a reasonable belief that a tip could be made back to the apartment thereby causing further destruction of evidence.<\/p><\/blockquote>\n

The court to hear a motion to suppress is the one with jurisdiction in the criminal case and not the court that issued the search warrant where the counties are different. Flinn v. State<\/a>, 354 S.W.3d 332 (Tenn. Crim. App. 2010).*<\/p>\n

Police came to arrest defendant, and, when the door was opened, the officers could smell burning marijuana and see the defendant, and that was sufficient exigent circumstances for an immediate entry to protect the evidence from destruction since defendant knew their presence. United States v. McMillion, 2011 U.S. Dist. LEXIS 7 (M.D. Pa. January 3, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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