{"id":59719,"date":"2024-12-31T10:51:49","date_gmt":"2024-12-31T15:51:49","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59719"},"modified":"2024-12-31T10:53:35","modified_gmt":"2024-12-31T15:53:35","slug":"or-3-am-look-at-defs-car-in-driveway-was-unreasonable-under-state-constitution","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59719","title":{"rendered":"OR: 3 am look at def’s car in driveway was unreasonable under state constitution"},"content":{"rendered":"\n

Officers approached defendant\u2019s house by the driveway and came to the \u201cback door\u201d which was also a way into the house for ordinary visitors. The look at his car at 3 am exceeded implied consent to enter. \u201c[A]t three o’clock in the morning, two officers walked onto defendant’s driveway, and circled his vehicle inspecting it for damage related to a hit-and-run. The implied consent exception cannot stretch that far, even accounting for a society in which certain types of unexpected contact are bound to occur. \u2026 More to the point, we can think of no purpose for the officers’ behavior in circling the vehicle other than a warrantless search. From the perspective of the homeowner, the officers’ behavior was unreasonable and alarming\u2014a contact to which he did not consent.\u201d State v. Leos-Garcia<\/a>, 337 Or. App. 47 (Dec. 26, 2024) (decided under state constitution).<\/p>\n\n\n\n

\u201cThe key to exigent circumstances is what officers reasonably believe. Quarterman, 877 F.3d at 798-99. Faced with the facts here, not every reasonable officer would know that it was unreasonable to believe that some immediate act was necessary to protect the safety of Kobe’s grandmother or themselves. Not every reasonable officer would know, in the particular circumstances of this case, that entering the house violated the Fourth Amendment. The right was not \u2018clearly established.\u2019 Rivas-Villegas, 595 U.S. at 5. The district court correctly granted qualified immunity on the officers’ warrantless entry.\u201d Dimock v. City of Brooklyn Ctr., 2024 U.S. App. LEXIS 32676 (8th Cir. Dec. 26, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Officers approached defendant\u2019s house by the driveway and came to the \u201cback door\u201d which was also a way into the house for ordinary visitors. The look at his car at 3 am exceeded implied consent to enter. \u201c[A]t three o’clock … Continue reading →<\/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":[19,40,53],"tags":[],"class_list":["post-59719","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-qualified-immunity","category-state-constitution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59719","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=59719"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59719\/revisions"}],"predecessor-version":[{"id":59721,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59719\/revisions\/59721"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59719"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59719"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59719"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}