OH2: Protective sweep in DV call was unjustified after two hour delay and no indication anybody else involved

In a domestic violence call, the police had no information that anybody other than the defendant was involved nor that there were weapons. Defendant came out and peaceably surrendered, and then they entered. Therefore, a protective sweep of his house was unreasonable. The state argued that the two hour delay in the police arriving (! Come on.) at house after the call meant that all risk was not eliminated. [Obviously no exigency after two hours either.] State v. McLemore, 2012 Ohio 521, 197 Ohio App. 3d 726, 968 N.E.2d 612 (2d Dist. 2012).

Two trailers and a truck were parked on an open lot surrounded by a chain link fence, and only the space where they were parked was leased by the defendant. The owner let the police in, and they found the vehicles were stolen from the VINs. The trial court erred in holding that the defendant had a reasonable expectation of privacy in the chainlink fenced area from all intrusion. State v. Anderson, 2012 Ohio 441, 2012 Ohio App. LEXIS 382 (2d Dist. February 3, 2012).*