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)

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