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OH6: Police entry without invitation or exigency was invalid

By John Wesley Hall, Jr.

Patdown produced certainty in the officer that he felt crack and marijuana, so plain feel was satisfied. The search of the car thereafter was justified as an inventory since defendant was in custody. State v. Davis, 2009 Ohio 345, 2009 Ohio App. LEXIS 276 (8th Dist. January 29, 2009).* Officer responded to domestic disturbance call, and the defendant's wife who was calmly standing in the door was complaining about his smoking marijuana in front of their son. The officer, without invitation, entered, and it was unlawful. State v. Biddix, 2009 Ohio 384, 2009 Ohio App. LEXIS 325 (6th Dist. January 30, 2009): [T]he officer testified only that he saw an open door and entered. There was no suggestion that appellant or anyone else invited him in...continue to full post

Full post as published by Fourth Amendment on February 01, 2009 (boomark / email).