Premium Only Content

Ep. #311: Can you enter backyard for a fireworks' violation?
📌 First, the Canton police officers undoubtedly confronted a situation in which time was of the essence. The officers testified that they arrived at Defendant's residence in the middle of the night in response to complaints from neighbors and that they could hear loud music at least a block away from the home. Upon their arrival at the scene, they were confronted by an irate group of pajama-clad neighbors. Had the officers attempted to secure a warrant, it is clear that the aural assault emanating from Defendant's home would have continued unabated for a significant period of time. Thus, if we insist on holding to the warrant requirement under these circumstances, we in effect tell Defendant's neighbors that “mere” loud and disruptive noise in the middle of the night does not pose “enough” of an emergency to warrant an immediate response, perhaps because such a situation “only” threatens the neighbors' tranquility rather than their lives or property. We doubt that this result would comport with the neighbors' understanding of “reasonableness.” Further, because nothing in the Fourth Amendment requires us to set aside our common sense, we decline to read that Amendment's “reasonableness” and warrant requirements as authorizing timely governmental responses only in cases involving life-threatening danger.
- United States v. Rohrig, 98 F.3d 1506, 1520–21 (6th Cir. 1996)
📌 this court feels that the most compelling argument for warrantless entry was made by the city when it brought this court's attention to Rohrig. While it appears that the Eight District has not embraced the reasoning in Rohrig, this court could not find any case law that has rejected it. Moreover, it appears that other Ohio appellate courts have recognized the governmental interest cited in Rohrig; acknowledging a police officer's duty to preserve the peace.
- State v. Namay, 106 Ohio Misc. 2d 72, 77, 735 N.E.2d 526, 529 (Mun. 2000)
-----
✅ Drop a like and subscribe, thank you for your support! 🥰
🚨 Do have another roadside chat question? Send it here: https://www.bluetogold.com/show
Blue to Gold Training:
🔻Class Schedules - https://www.bluetogold.com/calendar
🔻On-demand Training - https://university.bluetogold.com/
🔻Free Legal Training Webinar - https://www.bluetogold.com/calendar?category=Webinar
🔻Book Store and Training Materials - https://www.bluetogold.com/store
Connect with us, learn us more. We keep our updates and news posted on social media:
🔻Facebook - https://www.facebook.com/bluetogold
🔻Instagram - https://www.instagram.com/bluetogold
🔻Twitter - https://twitter.com/bluetogold
🔻LinkedIn - https://www.linkedin.com/company/bluetogold
🔻TikTok - https://www.tiktok.com/@bluetogoldtraining
#LawEnforcementTraining #PoliceTraining #LegalEducation
-
LIVE
Dr Disrespect
5 hours ago🔴LIVE - DR DISRESPECT - NEW AAA BATTLE ROYALE ON UNREAL ENGINE 5 #OTG #OFFTHEGRID
3,666 watching -
LIVE
Barry Cunningham
3 hours agoWATCH LIVE: PRESIDENT TRUMP SIGNS LAWS ON CRYPTO AND ENDS NPR, PBS, & USAID!
1,718 watching -
44:02
The White House
2 hours agoPresident Trump Participates in a Signing Ceremony for S.1582 GENIUS Act
7.2K11 -
LIVE
LadyDesireeMusic
1 hour agoLive Piano Renditions | Make Ladies Great Again | Live Piano Requests TONS to choose from
104 watching -
4:13:45
Viss
5 hours ago🔴LIVE - Winning with Tactics & Outplay The Competition - How To With Viss!
906 -
1:09:46
Jeff Ahern
1 hour ago $0.16 earnedFriday Freak out with Jeff Ahern
4.6K7 -
LIVE
Spartan
1 hour agoSpartan - Pro Halo Player for OMiT | Scrims vs FaZe @ 4 EST + Ranked
12 watching -
LIVE
WolfsDenBoxing
47 minutes agoStreaming Fights: New Wave or Distraction
141 watching -
57:12
Crypto Power Hour
8 hours ago $0.18 earnedThe GENIUS Act & The Clarity Act Pass… Whats The Impact?
3.25K5 -
2:47:39
Tucker Carlson
3 hours agoTucker Carlson and Darryl Cooper on the True History of Jeffrey Epstein and Ongoing Cover-Up
32.5K46