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OH6: Defendant's apparent obvious mental disturbance was exigent circumstance

By John Wesley Hall, Jr.

The police had exigent circumstances based on “information from appellant’s mother by which they could have reasonably inferred that appellant was agitated and possibly mentally disturbed. Certainly, appellant’s behavior in running from the car into the corn field, would have supported that inference.” State v. Sheffer, 2010 Ohio 5167, 2010 Ohio App. LEXIS 4353 (6th Dist. October 22, 2010), companion case at State v. Sheffer, 2010 Ohio 5165, 2010 Ohio App. LEXIS 4349 (6th Dist. October 22, 2010).* Probable cause was shown by a link between defendant’s screen name and an IP address traced to defendant’s address, and “it was reasonable to infer that he had child pornography on the computer because he asked ‘Centralpamaster’ for photographs to view while masturbating...continue to full post

Full post as published by Fourth Amendment on October 28, 2010 (boomark / email).