{"id":6076,"date":"2012-04-05T10:09:36","date_gmt":"2011-09-26T07:47:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-09-26T07:47:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6076","title":{"rendered":"OH2: A whispered conversation from inside justified a protective sweep"},"content":{"rendered":"<p>A protective sweep was justified by voices the officer heard from inside when the defendant was arrested at the door after finally opening it. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2011\/2011-ohio-4875.pdf\">State v. Young<\/a>, 2011 Ohio 4875, 2011 Ohio App. LEXIS 3967 (2d Dist. September 23, 2011).*<\/p>\n<p>Officers went to a motel and ran the LPN\u2019s of vehicles and found an active misdemeanor warrant on defendant. They got his room number and went to the room and knocked. When the door was opened, they arrested him. They could see a woman sitting on the bed, and a protective sweep of the bathroom was valid. There they found the start of a meth lab, and the protective sweep was valid. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/9\/2011\/2011-ohio-4773.pdf\">State v. Milton<\/a>, 2011 Ohio 4773, 2011 Ohio App. LEXIS 3960 (9th Dist. September 21, 2011).*<\/p>\n<p>Nothing the officer posited showed that there was reasonable suspicion. Individually and collectively, there wasn\u2019t enough, including nervousness, a prior arrest for drugs, high crime area, and what the officer thought was unusual travel plans to pick up her child from day care when the child was with her. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2011\/2011-ohio-4870.pdf\">State v. Ferrante<\/a>, 2011 Ohio 4870, 196 Ohio App. 3d 113, 962 N.E.2d 383 (2d Dist. 2011).*<\/p>\n<p>Defendant was arrested for a public intoxication, but she was so drunk she was a danger to herself. Therefore, the officer could make an arrest without just issuing a citation, and the search incident to arrest was valid. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/6\/2011\/2011-ohio-4734.pdf\">State v. Bowman<\/a>, 2011 Ohio 4734, 2011 Ohio App. LEXIS 3944 (2d Dist. September 2, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6076\">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-6076","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6076","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=6076"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6076\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6076"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6076"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6076"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}