{"id":64127,"date":"2026-05-22T17:36:24","date_gmt":"2026-05-22T22:36:24","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64127"},"modified":"2026-05-22T17:36:24","modified_gmt":"2026-05-22T22:36:24","slug":"in-overdose-call-led-to-ems-telling-police-what-they-saw-and-that-led-to-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64127","title":{"rendered":"IN: Overdose call led to EMS telling police what they saw and that led to SW"},"content":{"rendered":"\n<p>EMS responded to an overdose call, and they reported what they saw inside which led to police getting a search warrant. Leon v. State, 2026 Ind. App. LEXIS 171 (May 20, 2026).<\/p>\n\n\n\n<p>\u201cMissouri courts have indicated that the question of whether an arresting officer has reasonable grounds to believe that a person was driving a motor vehicle in an intoxicated condition \u2014 like the question of whether probable cause existed for an arrest \u2014 presents what is essentially a mixed question of law and fact. \u2026 Thus, appellate courts defer to the trial court&#8217;s role as trier of fact in resolving factual issues regarding the circumstances that led to the arrest; however, the ultimate question of whether an arresting officer had reasonable grounds to believe the person was driving a motor vehicle in an intoxicated condition based on a particular set of facts (as found by the trial court) presents a question of law that is reviewed de novo.\u201d Olson v. Dir. of Revenue, 2026 Mo. App. LEXIS 389 n.4 (May 19, 2026).*<\/p>\n\n\n\n<p>The Simmons rule of foregoing one constitutional right for another, there a Fourth and Fifth Amendment claim, doesn\u2019t fit with a Sixth Amendment speedy trial claim. Wilcox v. State, 2026 Fla. LEXIS 810 (May 21, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>EMS responded to an overdose call, and they reported what they saw inside which led to police getting a search warrant. Leon v. State, 2026 Ind. App. LEXIS 171 (May 20, 2026). \u201cMissouri courts have indicated that the question of &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=64127\">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":[55,20,129],"tags":[],"class_list":["post-64127","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-probable-cause","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64127","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=64127"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64127\/revisions"}],"predecessor-version":[{"id":64128,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64127\/revisions\/64128"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64127"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64127"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64127"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}