State v. Dunn

52 Citing cases

  1. State v. Moiduddin

    2019 Ohio 3544 (Ohio Ct. App. 2019)   Cited 1 times

    The community-caretaking/emergency-aid exception to the Fourth Amendment warrant requirement allows a law-enforcement officer with objectively reasonable grounds to believe that there is an immediate need for his or her assistance to protect life or prevent serious injury to effect a community-caretaking/emergency-aid stop. 131 Ohio St.3d 325, 2012-Ohio-1008, ¶ 26, 964 N.E.2d 1037. In concluding that the community caretaking exception did not supply a valid basis for Trooper Byers's stop of Moiduddin's vehicle, the trial court found that the "totality of the circumstances * * * d[id] not suggest that there was an immediate need for assistance to protect life or prevent serious injury."

  2. State v. Modreski

    2024 Ohio 1550 (Ohio Ct. App. 2024)

    The court has also characterized situations befitting the emergency-aid exception as placing "life or limb * * * in jeopardy." State v. Dunn, 131 Ohio St.3d 325, 2012-Ohio-1008, 964 N.E.2d 1037, ¶ 21. We therefore understand the emergency-aid exception to excuse the warrant requirement in circumstances where the time it takes to obtain a warrant may place a person's life in danger.

  3. State v. Weemhoff

    2022 Ohio 4263 (Ohio Ct. App. 2022)

    State v. Dunn, 131 Ohio St.3d 325, 2012-Ohio-1008, 964 N.E.2d 1037, syllabus.

  4. State v. Stengel

    2018 Ohio 2286 (Ohio Ct. App. 2018)

    Brigham City v. Stuart, 547 U.S. at 403, 405-406, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006), quoting Mincey v. Arizona, 437 U.S. 385, 392, 98 S.Ct. 2408, 57 L.Ed.2d 209 (1978). Accord, State v. Dunn, 131 Ohio St.3d 325, 2012-Ohio-1008, 964 N.E.2d 1037, syllabus. {¶33} In Ohio, the Supreme Court has held,

  5. State v. Linder

    66 N.E.3d 289 (Ohio Ct. App. 2016)

    {¶ 8} At the suppression hearing, the State argued that the warrantless entry of Mr. Linder's house fell within the exigent circumstances exception, other times known as the community-caretaking exception. State v. Dunn, 131 Ohio St.3d 325, 2012-Ohio-1008, 964 N.E.2d 1037, ¶ 15. In Dunn, the Ohio Supreme Court explained that the exception exists because "police officers are duty-bound to provide emergency services to those who are in danger of physical harm[.

  6. State v. Engle

    2013 Ohio 1818 (Ohio Ct. App. 2013)

    Another exception is the community-caretaking/emergency-aid exception which "allows police officers to stop a person to render aid if they reasonably believe that there is an immediate need for their assistance to protect life or prevent serious injury." State v. Dunn, 131 Ohio St. 3d 325, 2012-Ohio-1008, 964 N.E.2d 1037, ¶ 22.

  7. United States v. Toussaint

    838 F.3d 503 (5th Cir. 2016)   Cited 24 times
    Finding that police had an "objectively reasonable basis for thinking an emergency persisted" forty-five minutes after receiving a credible threat against a specific individual

    State courts have permitted police officers to justify vehicular stops based on the emergency-aid exception. See State v. Dunn , 131 Ohio St.3d 325, 964 N.E.2d 1037, 1042 (2012) ; State v. Stapa , 46 So.3d 264, 266 (La. App. 2 Cir. 2010).See, e.g. , United States v. Collins , 321 F.3d 691, 694–95 (8th Cir. 2003) (permitting officer to lean into parked car because he had reasonable belief that persons were injured); United States v. Kelly , 267 F.Supp.2d 5, 9 (D.D.C. 2003) (no Fourth Amendment violation where officers entered car to treat visible crash victim).

  8. State v. Martin

    2017 Ohio 7556 (Ohio 2017)   Cited 80 times
    In Martin, the Court clarified that a jury could reasonably infer that a person committing a homicide would be on notice that an investigation was likely to begin because homicides "are highly likely to be discovered and investigated. ¶ 118.

    Therefore, " Miranda does not apply." State v. Dunn , 131 Ohio St.3d 325, 2012-Ohio-1008, 964 N.E.2d 1037, ¶ 24.2. Statements between Summit County Jail and Warren Police Station

  9. State v. Kincaid

    2024 Ohio 2668 (Ohio Ct. App. 2024)

    State v. Dunn, 131 Ohio St.3d 325, 2012-Ohio-1008, 964 N.E.2d 1037, ¶ 24. In the case at bar, we conclude that appellant had not been placed in custody when he made these statements.

  10. State v. Easter

    2024 Ohio 1389 (Ohio Ct. App. 2024)

    The emergency-aid exception allows law enforcement officers to make a warrantless entry into a home or curtilage to render aid if they reasonably believe there is the immediate need for assistance to protect life or prevent serious injury. State v. Dunn, 131 Ohio St.3d 325, 2012-Ohio-1008, 964 N.E.2d 1037, ¶ 20-22. The emergency aid exception applies where there is an objectively reasonable basis for believing that the subject is in need of immediate aid.