Police seized the “black box” from a demolished car in impound that was immobile without a warrant and then got a warrant showing independent probable cause. The prior warrantless seizure did not void the warrant because of the independent source of the information supplied to get the warrant. People v. Slade, 2005 N.Y. Misc. LEXIS 3217, 233 N.Y.L.J. 11 (Nassau Co. January 18, 2005).<\/p>\n
State showed probable cause but failed to show that exigent circumstances existed. Defendant’s consent after unlawful warrantless entry was also void. Stone v. State, 279 S.W.3d 688 (Tex. App. \u2014 Amarillo December 21, 2006):<\/p>\n
However, even with probable cause present, the State must also show that exigent circumstances existed such that the procurement of a search warrant was impractical. The State contends that the exigent circumstances arose when officers confronted the white female outside of the apartment. According to officer testimony, the encounter was within view of the apartment and, if seen, could have led to the destruction of evidence and possible violence and armed resistance from the occupants. However, the apartment occupants must have been aware of the officers’ presence before it can be said that knowledge of the officers’ presence somehow influenced the occupants’ actions. See Grimaldo v. State, No. 07-04-0246, 2006 WL 563027, at *4 (Tex.App.-Amarillo March 8, 2006, no pet. h.). Inferences, opinions, and conclusions stimulating police action must be reasonably objective and supported by fact as opposed to speculation and surmise. Id. Although the lead officer believed that evidence could be destroyed, and that officers were potentially in danger, the record does not contain facts rendering the lead officer’s beliefs objectively reasonable. See id. Thus, we conclude the State did not establish the existence of exigent circumstances necessary for a warrantless search. Therefore, we conclude that, although probable cause existed, the absence of exigent circumstances make the warrantless entry into appellant’s home unlawful.<\/p><\/blockquote>\n
Defendant was handcuffed during his stop for officer safety, and the officer saw a Brinks uniform in the car which led him to believe that the defendant was involved in a robbery where a Brinks uniform was worn. While handcuffing occurred, the defendant was under arrest until Mirandized. State v. Snyder, 2006 Ohio 6911, 2006 Ohio App. LEXIS 6817 (9th Dist. December 27, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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