{"id":47830,"date":"2021-03-24T04:00:27","date_gmt":"2021-03-24T09:00:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47830"},"modified":"2021-03-24T04:00:27","modified_gmt":"2021-03-24T09:00:27","slug":"id-police-knowledge-def-was-attempting-to-destroy-evidence-of-a-murder-including-burning-the-body-and-other-evidence-was-exigency-for-entry","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=47830","title":{"rendered":"ID: Police knowledge def was attempting to destroy evidence of a murder including burning the body and other evidence was exigency for entry"},"content":{"rendered":"\n<p>Police knowledge defendant was destroying evidence of a violent crime on his premises was exigency for a warrantless entry. \u201cLopez reported to the police that he had seen Davis&#8217;s body.\u201d Police knew: \u201cSmith was actively attempting to destroy evidence by burning parts or all of the victim&#8217;s body in her wood stove and cleaning blood and brain material from the wall; Smith tried to recruit Lopez to help her move Davis&#8217;s body; and Smith intended to burn the couch, which contained blood and brain matter, and what remained of Davis&#8217;s body, outside her home.\u201d The severity of the crime \u201ctogether with Lopez&#8217;s detailed description of Smith&#8217;s efforts to destroy evidence, it was reasonable under these circumstances for the officers to enter Smith&#8217;s home without a warrant.\u201d <a href=\"https:\/\/isc.idaho.gov\/opiions\/48358.pdf\">State v. Smith<\/a>, 2021 Ida. LEXIS 48 (Mar. 23, 2021).<\/p>\n\n\n\n<p>Officers request to come outside to talk was not a Fourth Amendment violation. <a href=\"https:\/\/isc.idaho.gov\/opinions\/47865x.pdf\">Reagan v. Idaho Transp. Dep&#8217;t<\/a>, 2021 Ida. LEXIS 47 (Mar. 23, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police knowledge defendant was destroying evidence of a violent crime on his premises was exigency for a warrantless entry. \u201cLopez reported to the police that he had seen Davis&#8217;s body.\u201d Police knew: \u201cSmith was actively attempting to destroy evidence by &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=47830\">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":[24,3],"tags":[],"class_list":["post-47830","post","type-post","status-publish","format-standard","hentry","category-consent","category-emergency-exigency"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47830","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=47830"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47830\/revisions"}],"predecessor-version":[{"id":47831,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47830\/revisions\/47831"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47830"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47830"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47830"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}