{"id":59791,"date":"2025-01-08T11:39:54","date_gmt":"2025-01-08T16:39:54","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59791"},"modified":"2025-01-08T11:39:54","modified_gmt":"2025-01-08T16:39:54","slug":"tn-defs-yelling-police-and-turning-back-from-door-justified-immediate-entry-on-fear-of-destruction-of-evidence","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59791","title":{"rendered":"TN: Def’s yelling “police” and turning back from door justified immediate entry on fear of destruction of evidence"},"content":{"rendered":"\n

When police knocked at defendant\u2019s door, he yelled \u201cpolice\u201d and turned back inside the house, they feared to warn others or destroy evidence. \u201cHere, based upon the totality of the circumstances, the record shows that the officer had a reasonable basis from specific and articulable facts to believe that the immediate entry into Petitioner’s home was necessary to prevent the imminent destruction of evidence.\u201d Collins v. State<\/a>, 2025 Tenn. Crim. App. LEXIS 3 (Jan. 3, 2025).<\/p>\n\n\n\n

Denial of defendant\u2019s motion for summary judgment on qualified immunity was not appealable. Here, there were fact questions about plaintiff\u2019s exoneration and when defendants knew he was the wrong guy. Fallen v. McEnroe, 2025 U.S. App. LEXIS 181 (3d Cir. Jan. 6, 2025).*<\/p>\n\n\n\n

\u201cConsidering the totality of the circumstances\u2014including the officers’ observation of two suspected hand-to-hand drug transactions, the nuances of the involved parties’ behaviors during these transactions, and the reputation of the area in which these transactions occurred as a high drug and crime area\u2014the officers had a reasonable, articulable suspicion that the occupants of the vehicle in which Hale was a passenger were involved in illegal drug activity.\u201d United States v. Hale, 2025 U.S. App. LEXIS 184 (4th Cir. Jan. 6, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

When police knocked at defendant\u2019s door, he yelled \u201cpolice\u201d and turned back inside the house, they feared to warn others or destroy evidence. \u201cHere, based upon the totality of the circumstances, the record shows that the officer had a reasonable … 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":[3,40,35],"tags":[],"class_list":["post-59791","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59791","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=59791"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59791\/revisions"}],"predecessor-version":[{"id":59792,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59791\/revisions\/59792"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59791"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59791"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59791"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}