{"id":57616,"date":"2024-04-17T08:23:26","date_gmt":"2024-04-17T13:23:26","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57616"},"modified":"2024-04-17T10:45:32","modified_gmt":"2024-04-17T15:45:32","slug":"n-d-ohio-heroin-and-three-guns-in-plain-view-was-exigency-for-entry-with-child-alone-inside","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=57616","title":{"rendered":"N.D.Ohio: Heroin and three guns in plain view was exigency for entry with child alone inside"},"content":{"rendered":"\n<p>Police knowing that defendant\u2019s 12-year-old son was in the house alone with a significant quantity of heroin and three firearms all in plain view was exigency for entry. There also previous complaints to Family Services. United States v. Woodard, 2024 U.S. Dist. LEXIS 66133 (N.D. Ohio Apr. 10, 2024).<\/p>\n\n\n\n<p>Defendant\u2019s Franks challenge fails both falsity and materiality. United States v. McGhee, 2024 U.S. App. LEXIS 8716 (7th Cir. Apr. 11, 2024).*<\/p>\n\n\n\n<p>Plaintiff didn\u2019t show that SWAT\u2019s use of tear gas in the house caused the house fire. The tear gas was designed to prevent that and the fire started long enough after the tear gas that it probably wasn\u2019t the cause. Varlitskiy v. Campos, 2024 U.S. App. LEXIS 8726 (9th Cir. Apr. 11, 2024).*<\/p>\n\n\n\n<p>Recording conversations with police officers who called on business phones did not violate the state wiretapping statute. The officers had no reasonable expectation of privacy that wouldn\u2019t happen. Waite v. State, 2024 Fla. App. LEXIS 2827 (Fla. 5th DCA Apr. 12, 2024).* [They do it to citizens, so what\u2019s up with that?]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police knowing that defendant\u2019s 12-year-old son was in the house alone with a significant quantity of heroin and three firearms all in plain view was exigency for entry. There also previous complaints to Family Services. United States v. Woodard, 2024 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=57616\">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":[3,21,18,16],"tags":[],"class_list":["post-57616","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-franks-doctrine","category-reasonable-expectation-of-privacy","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57616","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=57616"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57616\/revisions"}],"predecessor-version":[{"id":57623,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57616\/revisions\/57623"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57616"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57616"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57616"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}