{"id":18388,"date":"2015-08-08T16:58:31","date_gmt":"2015-08-08T21:58:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18388"},"modified":"2015-08-08T16:58:31","modified_gmt":"2015-08-08T21:58:31","slug":"dc-entry-on-a-domestic-dispute-unjustified-by-exigency-everybody-involved-was-outside-the-house","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18388","title":{"rendered":"DC: Entry on a domestic dispute unjustified by exigency; everybody involved was outside the house"},"content":{"rendered":"<p>The entry into defendant\u2019s house was not supported by exigency. The police interviewed the participants in a domestic dispute outside, and there was no reason at all to believe that there was someone in the house in need of aid. The government\u2019s other grounds for justification of the entry weren\u2019t raised below. The affirmance on any other ground rule doesn\u2019t apply here. \u201cWe conclude that considerations of procedural fairness preclude affirmance based on the United States&#8217;s forbidden-fruit argument.\u201d <a href=\"http:\/\/www.dccourts.gov\/internet\/documents\/13-CM-1173.pdf\">Evans v. United States<\/a>, 2015 D.C. App. LEXIS 363 (August 6, 2015).<\/p>\n<p>The CI doesn\u2019t have to be shown to be reliable if there are other facts that support probable cause. United States v. Martin, 2015 U.S. Dist. LEXIS 103765 (N.D.Ga. June 29, 2015).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The entry into defendant\u2019s house was not supported by exigency. The police interviewed the participants in a domestic dispute outside, and there was no reason at all to believe that there was someone in the house in need of aid. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=18388\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[66,3,44],"tags":[],"class_list":["post-18388","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-emergency-exigency","category-informant-hearsay"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18388","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18388"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18388\/revisions"}],"predecessor-version":[{"id":18389,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18388\/revisions\/18389"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18388"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18388"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18388"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}