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Hot pursuit justified entry

By John Wesley Hall, Jr.

Hot pursuit from a violent felony justified entry into defendant's home. Also, defendant's stepfather had the authority to permit the entry. Thomas v. State, 2008 Ga. App. LEXIS 232 (March 4, 2008).* Defendant's ex-husband came over for visitation with their teenage son, and he saw what he suspected was a meth cook going on, so he called the police. They arrived, and the front door was open, and the smell of a meth cook was coming from inside. The entry was justified on exigent circumstances. Richards v. State, 2008 Ga. App. LEXIS 239 (March 4, 2008): Richards is correct that the presence of contraband, without more, does not give rise to exigent circumstances. Here, however, there was more. The officer was told that children lived in the house, he saw what appeared to be a methamphetamine laboratory, and he smelled chemicals which he believed were associated with a methamphetamine laboratory and could be hazardous to inhale.continue to full post

Full post as published by Fourth Amendment on March 06, 2008 (boomark / email).