{"id":1382,"date":"2007-10-07T06:27:30","date_gmt":"2007-09-24T06:30:22","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-09-24T06:30:22","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1382","title":{"rendered":"Stabbing call was exigent circumstances when the police could see the victim on the floor; defendant even called the police"},"content":{"rendered":"<p>Defendant called the police to a stabbing, and the police saw the stabbing victim on the floor unresponsive. The police entry was based on exigent circumstances. The officers could reasonably have believed that it was an emergency and that the victim, and perhaps the caller, were in peril and in immediate need of aid. Upon observing the stab wound and speaking with defendant, they were authorized to retrieve the weapon in order to avoid further injury. No general search was conducted. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/newpdf\/8\/2007\/2007-ohio-4845.pdf\">State v. Williams<\/a>, 2007 Ohio 4845, 2007 Ohio App. LEXIS 4329 (8th Dist. September 20, 2007).*<\/p>\n<p>Plaintiff denied a preliminary injunction from code enforcement searches where the city photographed outbuildings. It is unlikely that he will prevail on the merits. Hale v. City of Tukwila, 2007 U.S. Dist. LEXIS 69561 (W.D. Wash. September 19, 2007).*<\/p>\n<p>Defendant&#8217;s acceptance of probation conditions made his search valid under <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=000&amp;invol=00-1260\"><em>Knights<\/em><\/a>. All the officers needed was reasonable suspicion, which they had. United States v. Williams, 2007 U.S. Dist. LEXIS 69473 (W.D. Wis. September 17, 2007).*<\/p>\n<p>Officers had a search warrant for defendant&#8217;s premises and arrested him there. Within six feet of where he was found was an open walk-in closet, and a weapon was found there. The weapon was validly found during a protective search of the closet. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/newpdf\/8\/2007\/2007-ohio-4844.pdf\">State v. Rankin<\/a>, 2007 Ohio 4844, 2007 Ohio App. LEXIS 4334 (8th Dist. September 20, 2007).* (<em>Comment:<\/em> The court made the issue more complicated than it had to be. The officers had a search warrant, and that justified the entry and search for evidence of a robbery which included a gun and clothing worn. Even mentioning protective search was unnecessary. Yes, it would be a valid alternative ground, but even going to that extreme might add confusion to those who are unaware of the scope of search under a search warrant, such as the defendant in this case.)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=1382\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1382","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1382","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1382"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1382\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1382"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1382"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1382"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}