Daily Archives: December 20, 2020

OH5: 911 hang-up call is treated as presumptively an emergency until shown otherwise

In Ohio, a 911 hang-up call is treated as presumptively an emergency until shown otherwise. State v. Walter, 2020-Ohio-6772, 2020 Ohio App. LEXIS 4622 (5th Dist. Dec. 17, 2020). A police officer’s property was searched under a warrant. The warrant … Continue reading

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IN: Odor of MJ alone may not be enough for PC without showing training

On the facts of this case, the mere odor of marijuana wasn’t enough to show probable cause. The officers never explained why they believed that or what their training was. Bunnell v. State, 2020 Ind. App. LEXIS 538 (Dec. 18, … Continue reading

Posted in Plain view, feel, smell, Probable cause | Comments Off on IN: Odor of MJ alone may not be enough for PC without showing training

CA10: There was no violation of curtilage for def’s home on grounds of 24/7 storage company

Defendant lived on the grounds of a 24/7 storage building company. At 2:30 am, officers investigating saw cars coming and going from the residence. They approached his building, and the approach way wasn’t curtilage under Dunn. United States v. Powell, … Continue reading

Posted in Curtilage, Reasonable suspicion, Standing | Comments Off on CA10: There was no violation of curtilage for def’s home on grounds of 24/7 storage company