{"id":52618,"date":"2022-06-18T08:11:34","date_gmt":"2022-06-18T13:11:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52618"},"modified":"2022-06-18T08:11:34","modified_gmt":"2022-06-18T13:11:34","slug":"wy-state-failed-to-show-implied-consent-to-enter-home","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=52618","title":{"rendered":"WY: State failed to show implied consent to enter home"},"content":{"rendered":"\n

A sheriff\u2019s deputy showed up at defendant\u2019s house to talk to her. He encountered her husband outside. The husband went in to get his wife, and the officer followed into the mudroom. There was no implied consent for the officer to enter the house. State carried the burden and failed. (Remanded, however, for other factfinding.) Hawken v. State<\/a>, 2022 WY 77, 2022 Wyo. LEXIS 73 (June 16, 2022).*<\/p>\n\n\n\n

Defendant was subjected to a valid probation search that revealed a firearm and led to a search warrant. No suppression here. Chu Ramos v. State<\/a>, 2022 Fla. App. LEXIS 4100 (Fla. 2d DCA June 15, 2022).*<\/p>\n\n\n\n

In a rural Oregon county, the police operated under a blanket dissipation of exigency rationale despite McNeely. \u201cThe Fourth Amendment, as the Court articulated its requirements in McNeely, requires the state to establish, under a totality of the circumstances approach, specific facts establishing exigency. Here, the totality of the circumstances does not support the existence of an exigency on this record. Accordingly, the warrantless seizure of defendant’s blood was a violation of the Fourth and Fourteenth Amendments to the United States Constitution, and the trial court erred in failing to suppress the evidence.\u201d State v. Portulano<\/a>, 320 Ore. App. 335, 2022 Ore. App. LEXIS 928 (June 15, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

A sheriff\u2019s deputy showed up at defendant\u2019s house to talk to her. He encountered her husband outside. The husband went in to get his wife, and the officer followed into the mudroom. There was no implied consent for the officer … Continue reading →<\/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":[24,3,58],"tags":[],"class_list":["post-52618","post","type-post","status-publish","format-standard","hentry","category-consent","category-emergency-exigency","category-probationparole-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52618","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=52618"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52618\/revisions"}],"predecessor-version":[{"id":52620,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52618\/revisions\/52620"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52618"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52618"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52618"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}