CA6: Suicide note created exigency for welfare check

Defendant’s alleged suicide note created exigency for warrantless entry. “Prior to Remillard’s trial, several Ohio courts had held that exigent circumstances permit a police officer’s warrantless entry into a home to conduct a wellness check on a suicidal individual if the risk of harm is imminent or immediate. … Moreover, the United States Supreme Court had previously stated that ‘the Fourth Amendment does not bar police officers from making warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid.’ Mincey v. Arizona, …” Remillard v. Forshey, 2022 U.S. App. LEXIS 6885 (6th Cir. Mar. 16, 2022).

Handcuffing defendant here before the search of his car constituted an arrest. His car, however, was reasonably searched under his parole search condition. Finally, recording him in the patrol car did not violate the Fourth Amendment nor the federal wiretap law. United States v. Simon, 2022 U.S. Dist. LEXIS 46670 (N.D.Cal. Mar. 16, 2022).*

The trial court erred in finding defendant was not seized. Remanded. State v. Mullinax, 2022-NCCOA-165, 2022 N.C. App. LEXIS 170 (Mar. 15, 2022).*

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