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OH9: State failed to show exigency for entry without warrant

By John Wesley Hall, Jr.

The trial court’s findings of lack of consent and exigent circumstances are supported by the evidence. State v. Angelo, 2009 Ohio 6966, 2009 Ohio App. LEXIS 5862 (9th Dist. December 31, 2009).* As to exigent circumstances: [*P18] We conclude that the State also failed to present evidence of articulable facts that the officers reasonably believed that re-entry into the home was necessary to respond to some emergency. Id. at PP17-18. Neither officer testified that Angelo or Goldsby were exhibiting frantic or erratic behavior or otherwise impeding the officers' investigation. The officers did not describe the scene at the home as hectic or chaotic. Goldsby and Angelo were no longer physically or verbally assaulting each other when the officers arrived and it is reasonable to believe that removing Goldsby from the home quelled the threat of further violence...continue to full post

Full post as published by Fourth Amendment on January 05, 2010 (boomark / email).