United States v. Waide

2 Analyses of this case by attorneys

  1. OH3: Arrest of drug offender coming home outside his house led to officers hearing “scurrying about” inside, and that justified warrantless entry

    Law Offices of John Wesley HallMarch 15, 2020

    It was reasonable for the officers to conclude that because the person stopped coming home was a drug offender, so were the people he was living with. “Notwithstanding the trial court’s conclusion [of protective sweep], we conclude that, based on the totality of the circumstances of this case, exigent circumstances existed to justify the warrantless entry and limited search of the residence because competent, credible evidence exists in the record reflecting that it was reasonable for law enforcement to believe that the drug evidence was at risk of being destroyed if the officers did not immediately enter to secure the scene. See King, 563 U.S. at 457; Benvenuto, 2018-Ohio-2242, at ¶ 25; Johnson, 457 Fed.Appx. at 515; United States v. Waide, E.D.Ky CR No. 5:18-116-KKC, 2019 U.S. Dist. LEXIS 60014, 2019 WL 1521973, *7 (Apr. 8, 2019).” State v. Reilly, 2020-Ohio-850, 2020 Ohio App. LEXIS 777 (3d Dist. Mar. 9, 2020).

  2. CA5: Typo on an IP address in affidavit for SW that nobody noticed doesn’t void the search; GFE applies

    Law Offices of John Wesley HallApril 9, 2019

    There was probable cause for a search warrant for a surveillance DVR on property adjoining defendant’s as to what it could have seen [and there is no discussion of standing]. United States v. Waide, 2019 U.S. Dist. LEXIS 60014 (E.D. Ky. Apr. 9, 2019).*Deception to get defendant to come back to the courthouse to ask him about his phone and then for consent to search it didn’t void the consent.