Cool, yes, let's post the statute so we can all look at it.
"...An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials..." - People v. Ramey, 545 P.2d 1333,1341 (Cal. 1976)
"...Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts..." - United States v. McConney, 728 F. 2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984)
They didn't see the guy "flee" into this neighborhood though did they? They created a perimeter and searched.Are you thinking of Exigent Circumstances?
IMO that's like a person OWI and running into a house, police follow into the home, and bust open a bathroom door as the toilet is flushing.
Are you thinking of Exigent Circumstances?
Good question.I would like to know if they kicked in doors of homes where nobody was there or didn't answer the door.
That's what I was trying to express. Two differing circumstancesChasing someone into a home is an exigent circumstance.
Well that's what I'm trying to figure out.
Was it a case law enforcement agencies thinking 'this is an emergency and we'll do whatever we have to now and think about it later'? Have we gotten to that?
Or was a legal process followed, like perhaps a governor or mayor declared martial law (if a mayor can do that)?
They didn't see the guy "flee" into this neighborhood though did they? They created a perimeter and searched.
I believe that falls outside of "exigent circumstance".
IMO that's like a person OWI and running into a house, police follow into the home, and bust open a bathroom door as the toilet is flushing.
And the OP appreciates your response.I was merely responding to the OP's question. I wasn't attempting to solve the issue.
And the OP appreciates your response.
Do you know, HotD, if a mayor or governor could overrule the law enforcement and say that law enforcement has to get warrants in this situation?
How does a guy thats been here 3 days get maxed out on rep