context: The fact that conviction of misdemeanor crimes may result in the loss of one's freedom for as much as one year belies the contention that such crimes are "minor." As this case is clearly distinguishable from the facts in Welsh, supra, we find no merit in Appellant's contention that the imminent destruction of misdemeanor crime evidence is not sufficient to constitute exigent circumstances under the Fourth Amendment.
citation_a.signal: but see
citation_a.identifier: 726 N.E.2d 1092, 1095
citation_a.parenthetical: exigent circumstances exception to the warrant requirement did not apply to misdemeanor crime involving no violence or weapons
citation_a.sentence: But see, United States v. Carter, 360 F.3d 1235, 1241 (10th Cir.2004) (small quantity of marijuana does not rise to the level of “serious crime” to justify warrantless entry into home on the basis of exigent circumstances); State v. Davis, 133 Ohio App.3d 114, 726 N.E.2d 1092, 1095 (1999) (exigent circumstances exception to the warrant requirement did not apply to misdemeanor crime involving no violence or weapons), reasoning overruled to some extent by City of Middletown v. Flinchum, 95 Ohio St.3d 43, 765 N.E.2d 330, 332 (2002).
citation_b.signal: see also
citation_b.identifier: 532 U.S. 318, 340
citation_b.parenthetical: noting that bulk of state and federal law permits warrantless arrests of persons committing misdemeanors in their presence
citation_b.sentence: See Illinois v. McArthur, 531 U.S. 326, 336, 121 S.Ct. 946, 952, 148 L.Ed.2d 838 (2001) (distinguishing between “jailable” and “nonjailable” offenses when determining importance of law enforcement’s need to preserve evidence of those crimes); Ingram v. City of Columbus, 185 F.3d 579, 587 (6th Cir.1999) (“Under Welsh, courts must look to the state’s penalty scheme to determine the seriousness of a state law offense; if the suspect has committed an offense ‘for which no imprisonment is possible,’ the offense is ‘minor.’”); United States v. Grissett, 925 F.2d 776, 778 (4th Cir.1991) (exigent circumstances existed to justify warrantless entry into motel room where police smelled burning marijuana while standing outside); Randolph v. State, 152 S.W.3d 764, 771-72 (Tex.App.2004) (“[I]f an offense, either a misdemeanor or a felony, is punishable by confinement and there are exigent circumstances, then it is serious enough to justify the warrantless entry of a constitutionally protected area.”); Cherry v. Commonwealth, 44 Va.App. 347, 605 S.E.2d 297, 305 (2004) (police officer’s warrantless entry into residence based on exigent circumstances after smelling burning marijuana was reasonable, even though marijuana possession was only a misdemeanor offense); see also, KRS 431.005(1)(d) (authorizing peace officers to make warrantless arrests of persons committing misdemeanors in their presence); Atwater v. City of Lago Vista, 532 U.S. 318, 340, 121 S.Ct. 1536, 1550, 149 L.Ed.2d 549 (2001) (noting that bulk of state and federal law permits warrantless arrests of persons committing misdemeanors in their presence).