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Criminal Law

: Fourth Amendment

OH2: 911 hang up call and no answer at door was exigency

By John Wesley Hall, Jr.

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911 hang up call brought police to the defendant’s house. The officer knocked at the screen door, and no one answered. The officer could enter to check on the perceived emergency, and the motion to suppress drugs found all over the place was properly denied. State v. Hodge, 2011 Ohio 633, 2011 Ohio App. LEXIS 529 (2d Dist. February 11, 2011).* A search warrant for footwear that had seven month old information was not stale because footwear, unlike drugs, are not commonly readily disposed of. Commonwealth v. Janda, 2011 PA Super 27, 2011 Pa. Super. LEXIS 32 (February 10, 2011).* Defendant’s stop was justified by his license plate being partially obstructed by a trailer hitch ball. Consent after that was justified. Parks v. State, 2011 WY 19, 2011 Wyo...continue to full post

Full post as published by Fourth Amendment on February 17, 2011 (boomark / email).

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