Police went to defendant’s house believing she had been injured in an accident, and that justified the entry. State v. Rinard, 2006 Ohio 5633, 2006 Ohio App. LEXIS 5654 (9th Dist. October 30, 2006):<\/p>\n
[*P12] We agree with the trial court’s assessment that the above facts are more indicative of someone having just been in a head on collision, rushing into her house for assistance, possibly to call 911, and potentially falling unconscious, than are indicative of someone who was uninjured. This Court is mindful of the oddity of a person leaving the door to their residence wide open, at night, and failing to respond to a peace officer’s inquiries as to their safety. Coupled with the knowledge that the resident had just been involved in a head on collision, this Court cannot find that Patrolman Hall acted unreasonably.<\/p>\n
[*P13] Appellant has argued that while the open door to her home may have appeared strange, it was not an invitation to Officer Hall to enter her residence. However, Officer Hall did not need an invitation, he needed an exigent circumstance or emergency situation, which we believe the circumstances suggested. Appellant has also argued that the fact that no one answered the door or responded to Officer Hall’s persistent announcements did not indicate that somebody was injured inside. Appellant may be correct in this assertion, however, as a reviewing court we look at the entirety of the circumstances surrounding Officer Hall’s decision to enter the home, not just snapshots of the situation. It is clear to this Court that the totality of the circumstances reasonably indicated that Appellant may be injured or in peril.<\/p><\/blockquote>\n
Comment:<\/em> The court’s rationale is less than convincing.<\/p>\n
911 call of overdose at plaintiff’s house justified entry when the officers arrived and nobody answered the door. Snowden v. Peacock, 2006 U.S. Dist. LEXIS 78394 (N.D. Fla. October 27, 2006).*<\/p>\n
Requirement for a warrant for a surreptitiously recorded conversation under Art. 14 of the Massachusetts Constitution was waived by not being specifically raised below. Commonwealth v. Rodriguez, 67 Mass. App. Ct. 636, 855 N.E.2d 1113 (October 30, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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