{"id":9785,"date":"2013-11-14T10:10:30","date_gmt":"2013-11-14T08:23:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-14T08:23:42","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9785","title":{"rendered":"OH11: Gun in the house is not an exigent circumstance, but reasonable suspicion of its use is"},"content":{"rendered":"

A gun in the house is not an exigent circumstance, but reasonable suspicion of its use is. State v. Mattocks<\/a>, 2013-Ohio-4965, 2013 Ohio App. LEXIS 5168 (11th Dist. November 12, 2013):<\/p>\n

<\/p>\n

[*P27] Under the State’s argument, Sergeant Eskridge and the other officers were permitted to enter Pierre’s home because they were faced with a danger to their safety, as well as Patience’s safety, since Pierre did not drop the handgun he was holding upon the officer’s command. We agree.<\/p>\n

[*P28] The fact that a firearm may be located within a private home is not, by itself, sufficient to create an exigent or emergency circumstance. Sharpe at \u00b6 50, citing United States v. Keyes, 6th Cir. No. 03-6041, 2005 U.S. App. LEXIS 16783, 14 (Aug. 9, 2005). However, “a risk of danger from its use” does create an exigent circumstance. Id. Exigent circumstances exist when an officer relates facts to support a conclusion that “the suspect was armed and likely to use a weapon or become violent.” United States v. Bates, 84 F.3d 790, 795 (6th Cir.1996) (the presence of a weapon in the home can create an exigency when coupled with “threats to an officer’s safety, a criminal record reflecting violent tendencies, or a verified reputation of a suspect’s violent nature”).<\/p>\n

[*P29] In the present matter, the officers faced a direct threat to their safety, given that they were in a dangerous situation involving a potentially violent individual with a firearm who refused to cooperate with police instructions. The officers had been called to the scene based on domestic violence allegations and were informed by Patience that she had been shoved to the ground by Pierre and prevented from calling police. They were also aware that Pierre had informed dispatch that, when he came downstairs, the police “better be off his property,” which could be perceived as a threat.<\/p><\/blockquote>\n

Depending on the source, because the number is incalculable, it is believed that at least one-third of all American homes have guns inside<\/a> (down from 50% three decades ago). One-third of all Americans cannot be subject to search by gun ownership alone, despite the state’s argument here.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-9785","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9785","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=9785"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9785\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9785"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9785"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9785"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}