{"id":49585,"date":"2021-09-09T08:42:02","date_gmt":"2021-09-09T13:42:02","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49585"},"modified":"2021-09-09T10:55:17","modified_gmt":"2021-09-09T15:55:17","slug":"ca8-removal-from-children-from-home-on-exigency-if-a-4a-claim-can-be-based-on-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49585","title":{"rendered":"CA8: Removal of children from home on exigency, if a 4A claim, can be based on RS"},"content":{"rendered":"\n<p>Removal of children from the home on reasonable suspicion of exposure to toxic fumes, even if governed by the Fourth Amendment, was based on reasonable suspicion and was subject to qualified immunity. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/21\/09\/201822P.pdf\">Stanley v. Hutchinson<\/a>, 20-1822 (8th Cir. Sept. 8, 2021).<\/p>\n\n\n\n<p>Defendant was stopped for 83 in a 70 and was gotten out for a field sobriety test. She passed the FST but seemingly failed the HGN test, smelled of alcohol, and admitted to consuming alcohol. \u201cWe acknowledge this case is a close call,\u201d but there\u2019s a case a lot like this where a motion to suppress was denied and affirmed on appeal. Reversed. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2021\/2021-Ohio-3023.pdf\">State v. Coyle<\/a>, 2021-Ohio-3023, 2021 Ohio App. LEXIS 2965 (5th Dist. Sept. 2, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Removal of children from the home on reasonable suspicion of exposure to toxic fumes, even if governed by the Fourth Amendment, was based on reasonable suspicion and was subject to qualified immunity. Stanley v. Hutchinson, 20-1822 (8th Cir. Sept. 8, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=49585\">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":[1],"tags":[],"class_list":["post-49585","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49585","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=49585"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49585\/revisions"}],"predecessor-version":[{"id":49587,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49585\/revisions\/49587"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49585"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49585"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49585"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}