{"id":5621,"date":"2011-07-11T14:53:40","date_gmt":"2011-06-04T23:55:12","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-06-05T07:00:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5621","title":{"rendered":"OH11: DWI arrest in the home did not require warrant where officer was invited in"},"content":{"rendered":"<p>Police received a report of a hit and run, and they had a license number and traced the car to defendant\u2019s house. The officer did not violate the Fourth Amendment by examining the car in the driveway. When defendant came to the door, he invited the officer in. The arrest inside for DWI did not require a warrant. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/11\/2011\/2011-ohio-2586.pdf\">City of Willoughby v. Dunham<\/a>, 2011 Ohio 2586, 2011 Ohio App. LEXIS 2210 (11th Dist. May 27, 2011).*<\/p>\n<p>During a traffic stop, the officer had reasonable suspicion: (1) the car had a strong odor of air freshener, (2) the couple claimed the trunk was empty even though there was luggage on the back seat and the car&#8217;s rear end was sagging, (3) defendant became increasingly nervous, (4) the couple gave only vague descriptions of how they planned to travel back to Boston, and (5) defendant failed to give full information about his criminal history, which included cocaine distribution and an open federal case for suspected marijuana distribution. <a href=\"http:\/\/www.ca8.uscourts.gov\/opndir\/11\/05\/103147P.pdf\">United States v. Briasco<\/a>, 640 F.3d 857 (8th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5621\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5621","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5621","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5621"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5621\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5621"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5621"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5621"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}