{"id":7191,"date":"2013-01-20T18:34:41","date_gmt":"2012-05-26T09:34:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-05-26T09:34:24","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7191","title":{"rendered":"CA3: Mirandizing and consent form made consent voluntary"},"content":{"rendered":"<p>When doing a knock-and-talk, officers smelled ammonia and this was probable cause of meth production and exigency. \u201cThe existence of ammonia has been recognized as constituting exigent circumstances due to its explosive nature.\u201d <a href=\"http:\/\/www.fifthcircuit.org\/PDF\/OPINIONS\/PO\/2012\/A0BA0FF7-6580-41F5-8767-F7A40B44D4DC.pdf\">State v. Cortez<\/a>, 98 So. 3d 382 (La. App. 5 Cir. 2012).*<\/p>\n<p>Defendant was Mirandized and signed a consent form when the officers talked in a conversational tone, so the record supports the conclusion that the consent was voluntary. <a href=\"http:\/\/www.ca3.uscourts.gov\/opinarch\/112979np.pdf\">United States v. Ortiz<\/a>, 483 Fed. Appx. 712 (3d Cir. 2012).*<\/p>\n<p>The affidavit for the search warrant showed probable cause. In executing warrant, officers were found to have knock-and-announced. The trial court credited the officers rather than somebody inside. The doors were not locked. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/11\/2012\/2012-ohio-2243.pdf\">State v. McDivitt<\/a>, 2012 Ohio 2243, 2012 Ohio App. LEXIS 1980 (11th Dist.  May 21, 2012).*<\/p>\n<p>Officers responding to a 911 call saw a person on a child\u2019s toy scooter and stopped him thinking that he was a juvenile out after curfew. When stopped, defendant was shocked to see the officer and highly nervous and shaking. That was reasonable suspicion and then he consented to a search of his person. Mwangi v. State, 316 Ga. App. 52, 728 S.E.2d 729 (2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7191\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7191","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7191","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7191"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7191\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7191"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7191"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7191"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}