{"id":60281,"date":"2025-03-01T08:37:01","date_gmt":"2025-03-01T13:37:01","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60281"},"modified":"2025-03-01T08:37:01","modified_gmt":"2025-03-01T13:37:01","slug":"ga-shouting-and-arguing-inside-is-not-exigency","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=60281","title":{"rendered":"GA: Shouting and arguing inside is not exigency"},"content":{"rendered":"\n<p>Yelling and arguing from inside a home is not exigent circumstances. As to a second entry, the defendant\u2019s statements about an injury were tainted as fruit of the initial unlawful entry. Refusal to consent to re-entry did not constitute a new crime justifying arrest, as consent is not required for lawful police action. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=26d90c60-afcc-4d30-93d7-265c0775529c\">State v. Almeida<\/a>, 2025 Ga. App. LEXIS 86 (Feb. 27, 2025).<\/p>\n\n\n\n<p>There was reasonable suspicion to extend defendant\u2019s stop when he was found parked on the side of the road slumped over an open container. State v. Benson, 2025-Ohio-609 (4th Dist. Feb. 19, 2025).*<\/p>\n\n\n\n<p>\u201cThe issue raised by Defendant in the context of the Motion to Suppress, of whether the investigatory stop was lawful (which the Court has ruled that it was), is not implicated as the basis for his arrest, which was for an outstanding warrant.\u201d United States v. Hong-Long, 2025 U.S. Dist. LEXIS 32094 (W.D. Pa. Feb. 24, 2025).*<\/p>\n\n\n\n<p>The use of valid administrative subpoenas to gather information before a warrant wasn\u2019t an abuse of power by the government. United States v. Ruiz, 2025 U.S. Dist. LEXIS 32117 (N.D. Ohio Feb. 24, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Yelling and arguing from inside a home is not exigent circumstances. As to a second entry, the defendant\u2019s statements about an injury were tainted as fruit of the initial unlawful entry. Refusal to consent to re-entry did not constitute a &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=60281\">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":[3,35,81],"tags":[],"class_list":["post-60281","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-reasonable-suspicion","category-subpoenas"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60281","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=60281"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60281\/revisions"}],"predecessor-version":[{"id":60282,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60281\/revisions\/60282"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60281"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60281"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}