{"id":8935,"date":"2013-06-24T05:36:40","date_gmt":"2013-06-24T05:36:40","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-24T05:36:40","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8935","title":{"rendered":"TN: Second entry after plain view during emergency entry was valid"},"content":{"rendered":"<p>The initial intrusion into the home in this case was based on exigent circumstances and dealing with an emergency. Officers saw weapons in plain view but dealt with the emergency. A second entry to seize the weapons was valid. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/rothwelllopn_0.pdf\">State v. Rothwell<\/a>, 2013 Tenn. Crim. App. LEXIS 528 (June 20, 2013).*<\/p>\n<p>The defendants\u2019 stop was for a traffic violation, and the officer wrote a warning ticket, which he testified takes \u201c12, 16, 17\u201d minutes anyway. It took a drug dog 17 minutes to arrive. The court credits the officer did not intentionally stall for the drug dog to arrive, but there was reasonable suspicion anyway. They were in a rental car and the renter wasn\u2019t present, so standing was doubtful, but it was assumed anyway. United States v. McCoy, 2013 U.S. Dist. LEXIS 87644 (D. Utah June 20, 2013).*<\/p>\n<p>An officer on foot patrol was encountered by a CI who gave really specific and richly detailed information about the defendant and methamphetamine dealing. The officer set up surveillance and saw appellant and made a traffic stop based on window tint. Defendant consented to a search of his person and car and meth and paraphernalia was found. Based on the CI, a search warrant was obtained for the house, and it was with probable cause, the detail of the CI being first corroborated by the stop. <a href=\"http:\/\/opinions.aoc.arkansas.gov\/WebLink8\/0\/doc\/316651\/Electronic.aspx\">Kirby v. State<\/a>, 2013 Ark. App. 393, 2013 Ark. App. LEXIS 416 (June 19, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8935\">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-8935","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8935","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=8935"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8935\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8935"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8935"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8935"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}