United States v. Waide

1 Citing case

  1. State v. Reilly

    2020 Ohio 850 (Ohio Ct. App. 2020)

    Notwithstanding the trial court's conclusion, 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 WL 1521973, *7 (Apr. 8, 2019). Although a difference of opinion exists whether the protective-sweep doctrine permits limited searches of a person's home "if there is a likelihood that another person may be on the premises who may destroy evidence," we decline to extend the protective-sweep doctrine to prevent the destruction of evidence here.