{"id":59667,"date":"2024-12-24T10:35:20","date_gmt":"2024-12-24T15:35:20","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59667"},"modified":"2024-12-24T10:35:20","modified_gmt":"2024-12-24T15:35:20","slug":"nc-smell-of-dead-animal-led-police-to-exigency-of-finding-dogs-in-distress","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59667","title":{"rendered":"NC: Smell of dead animal led police to exigency of finding dogs in distress"},"content":{"rendered":"\n<p>The officer responded to a neighbor\u2019s call that there was the smell of a dead animal coming from defendant\u2019s property. The officer walked up the driveway and could see chained obviously sickly dogs with no food or water. The smell was overpowering and made the officer feel sick. This was exigency of animals in distress. State v. Johnson, 2024 N.C. App. LEXIS 1002 (Dec. 17, 2024).<\/p>\n\n\n\n<p>Only a hunch:  \u201cStated otherwise, while the testifying [BLM] Rangers offered \u2018articulable\u2019 facts in support of their hunch that criminal activity was afoot, they provide little basis for how these factors were \u2018suspicious\u2019 individually or in the aggregate in the context of the other facts and circumstances at the scene addressed above.\u201d United States v. Holliway, 2024 U.S. Dist. LEXIS 229807 (E.D. Cal. Dec. 19, 2024).*<\/p>\n\n\n\n<p>Defendant doesn\u2019t argue scope of search incident to arrest, only that there was no probable cause for the arrest, and there was. State v. Eckert, 2024 Iowa App. LEXIS 937 (Dec. 18, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer responded to a neighbor\u2019s call that there was the smell of a dead animal coming from defendant\u2019s property. The officer walked up the driveway and could see chained obviously sickly dogs with no food or water. The smell &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59667\">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":[3,35,26],"tags":[],"class_list":["post-59667","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-reasonable-suspicion","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59667","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=59667"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59667\/revisions"}],"predecessor-version":[{"id":59668,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59667\/revisions\/59668"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59667"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59667"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59667"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}