{"id":8531,"date":"2013-03-25T07:15:23","date_gmt":"2013-03-25T07:15:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-03-25T07:15:23","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8531","title":{"rendered":"OH2: Arrest outside apartment doesn&#8217;t justify its protective sweep"},"content":{"rendered":"<p>Defendant was arrested outside his apartment, and a protective sweep of the apartment was unjustified. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2013\/2013-ohio-1067.pdf\">State v. Boyd<\/a>, 2013 Ohio 1067, 2013 Ohio App. LEXIS 950 (2d Dist. March 22, 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>[*P29]  This Court in Sharpe noted that the &#8220;exigent or emergency circumstances exception justifies a warrantless entry in a variety of situations, including when entry into a building is necessary to protect or preserve life, to prevent physical harm to persons or property, or to prevent the concealment or destruction of evidence, or when someone inside poses a danger to the police officer&#8217;s safety. ***.&#8221; Id., \u00b6 48. This Court further noted, however, that &#8220;the mere fact that a firearm may be located within a private home is not, by itself, sufficient to create an exigent or emergency circumstance. ***. What must be present is a risk of danger from its use.&#8221;<\/p>\n<p>[*P30]  As in Sharpe, the firearm herein posed no danger after Boyd&#8217;s arrest, &#8220;except to the extent that another person might use it. *** The concern that another person might be there was wholly speculative, and presented no emergency requiring police to enter the house without a warrant to find the gun.&#8221; Id., \u00b6 51. Accordingly, we conclude that there were no exigent or emergency circumstances justifying the officers&#8217; entry into the apartment.<\/p><\/blockquote>\n<p><a href=\"http:\/\/www.fourthamendment.com\/blog\">Back to blog<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8531\">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-8531","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8531","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=8531"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8531\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8531"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8531"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8531"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}