CA3: Mirandizing and consent form made consent voluntary

When doing a knock-and-talk, officers smelled ammonia and this was probable cause of meth production and exigency. “The existence of ammonia has been recognized as constituting exigent circumstances due to its explosive nature.” State v. Cortez, 98 So. 3d 382 (La. App. 5 Cir. 2012).*

Defendant was Mirandized and signed a consent form when the officers talked in a conversational tone, so the record supports the conclusion that the consent was voluntary. United States v. Ortiz, 483 Fed. Appx. 712 (3d Cir. 2012).*

The affidavit for the search warrant showed probable cause. In executing warrant, officers were found to have knock-and-announced. The trial court credited the officers rather than somebody inside. The doors were not locked. State v. McDivitt, 2012 Ohio 2243, 2012 Ohio App. LEXIS 1980 (11th Dist. May 21, 2012).*

Officers responding to a 911 call saw a person on a child’s toy scooter and stopped him thinking that he was a juvenile out after curfew. When stopped, defendant was shocked to see the officer and highly nervous and shaking. That was reasonable suspicion and then he consented to a search of his person. Mwangi v. State, 316 Ga. App. 52, 728 S.E.2d 729 (2012).*