{"id":21522,"date":"2016-04-02T09:19:04","date_gmt":"2016-04-02T14:19:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21522"},"modified":"2016-04-02T09:19:04","modified_gmt":"2016-04-02T14:19:04","slug":"oh5-entry-permitted-by-911-call-of-unresponsive-person-protective-sweep-factually-unjustified","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21522","title":{"rendered":"OH5: Entry permitted by 911 call of unresponsive person; protective sweep factually unjustified"},"content":{"rendered":"<p>A 911 call about an unresponsive man was justification for a warrantless entry into defendant\u2019s apartment, but no facts justified a protective sweep once inside. Heroin in bedroom suppressed. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2016\/2016-Ohio-1340.pdf\">State v. Levengood<\/a>, 2016-Ohio-1340, 2016 Ohio App. LEXIS 1227 (5th Dist. March 22, 2016):<br \/>\n<!--more--><\/p>\n<blockquote><p>[*P27]  We find the rationale of Sharpe to be applicable here. In case sub judice, Clark had no positive indication others might be present in appellee&#8217;s apartment, and the fact that he didn&#8217;t know whether anyone else was present is not a sufficient pretext to sweep the entire apartment. See, State v. Mickey, 8th Dist. Cuyahoga No. 82844, 2003-Ohio-6878, \u00b6 18 [no persuasive evidence of any information that area to be swept harbored an individual who posed a threat when officer testified he had no knowledge of who lived in the apartment or who might be present]; State v. Walters, 9th Dist. Summit No. 23795, 2008-Ohio-1466, \u00b6 13 [protective sweep not justified when no officer testified anything observed in home suggested another person was present]; State v. White, 175 Ohio App. 3d 302, 2008-Ohio-657, 886 N.E.2d 904, \u00b6 24 (9th Dist.) [record does not contain evidence that the officers had any reason to believe that anyone other than defendant was inside the house]; State v. Martin, 8th Dist. Cuyahoga No. 82026, 2003-Ohio-4058, \u00b6 13 [only officer to testify admitted there was nothing to suggest any threat of danger when he searched the upstairs bedroom]; State v. McLemore, 197 Ohio App. 3d 726, 2012-Ohio-521, 968 N.E.2d 612, \u00b6 13 (2nd Dist.) [&#8220;not knowing whether anyone else was inside the residence is an insufficient pretext for a protective sweep to learn whether anyone is in fact inside&#8221;].<\/p><\/blockquote>\n<p>Caution: Some other courts would permit the quick look through for the cause of a possible overdose.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A 911 call about an unresponsive man was justification for a warrantless entry into defendant\u2019s apartment, but no facts justified a protective sweep once inside. Heroin in bedroom suppressed. State v. Levengood, 2016-Ohio-1340, 2016 Ohio App. LEXIS 1227 (5th Dist. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=21522\">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":[3,22],"tags":[],"class_list":["post-21522","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21522","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=21522"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21522\/revisions"}],"predecessor-version":[{"id":21523,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21522\/revisions\/21523"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21522"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21522"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21522"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}