{"id":55276,"date":"2023-07-01T09:43:59","date_gmt":"2023-07-01T14:43:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55276"},"modified":"2023-07-01T09:43:59","modified_gmt":"2023-07-01T14:43:59","slug":"oh4-entry-to-recover-ar-15-was-reasonable-even-though-it-was-hard-to-find","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=55276","title":{"rendered":"OH4: Entry to recover AR-15 was reasonable, even though it was hard to find"},"content":{"rendered":"\n<p>Officers responding to a 911 call were told there was an unsecured AR-15 in the house. The entry to retrieve it was reasonable, and Caniglia v. Strom is distinguishable. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/4\/2023\/2023-Ohio-2191.pdf\">State v. Pine<\/a>, 2023-Ohio-2191, 2023 Ohio App. LEXIS 2166 (4th Dist. June 24, 2023).<\/p>\n\n\n\n<p>\u201cThere is thus nothing in Baker&#8217;s brief exchange with Brian to suggest that a reasonable person in Almonte-Polanco&#8217;s position would have felt coerced to stay as a result of this exchange.\u201d United States v. Almonte-Polanco, 2023 U.S. App. LEXIS 16445 (2d Cir. June 29, 2023).*<\/p>\n\n\n\n<p>Any delay of the stop here while waiting for the drug dog was caused by the occupants. State v. Bowen, 2023-Ohio-2201 (3d Dist. June 29, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s ineffective assistance of counsel claim for defense counsel not filing a Franks motion fails because he doesn\u2019t show he\u2019d possibly prevail. United States v. Thompson, 2023 U.S. Dist. LEXIS 112256 (D. Nev. June 28, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers responding to a 911 call were told there was an unsecured AR-15 in the house. The entry to retrieve it was reasonable, and Caniglia v. Strom is distinguishable. State v. Pine, 2023-Ohio-2191, 2023 Ohio App. LEXIS 2166 (4th Dist. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=55276\">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":[74,24,21,23,35],"tags":[],"class_list":["post-55276","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-consent","category-franks-doctrine","category-ineffective-assistance","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55276","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=55276"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55276\/revisions"}],"predecessor-version":[{"id":55277,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55276\/revisions\/55277"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55276"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55276"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55276"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}