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OH2: Arrest for unlicensed pit bull found at a knock and talk did not justify warrantless entry

By John Wesley Hall, Jr.

Police got a tip through a school counselor that a seven year old reported marijuana where he lived. They came for a knock and talk, and arrested the defendant for an uninsured pit bull. That did not justify a warrentless entry into the house. State v. McGuire, 2010 Ohio 6105, 2010 Ohio App. LEXIS 5145 (2d Dist. December 10, 2010).* The fact that the officer did not tell the search warrant’s issuing magistrate that the CI was paid was not material under Franks, considering the detail. State v. Williams, 2010 La. App. LEXIS 1710 (4th Cir. December 8, 2010).* Odd travel plans with a rented car going 1000 miles each way in 48 hours was enough to ask questions, resulting in conflicting stories about travel plans. Defendant’s mother was his passenger and he said she rode with him, but she said he drove to pick her up...continue to full post

Full post as published by Fourth Amendment on December 21, 2010 (boomark / email).