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Entering a residence without consent

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  • Entering a residence without consent

    Lets say a neighbor hears a husband & wife arguing next store and calls in a domestic dispute. If you pull up and hear arguing, phsyical violence or a gunshot, your justified to immediately enter the residence without knocking, calling inside or getting a consent/warrant, correct? I'm just curious if the party could argue 4th amendment violation or anything.

  • #2
    Based on the description you have given, it would appear that warrantless entry would be appropriate.

    A search is reasonable, and a search warrant is not required, if all of the circumstances known to the officer at the time, would cause a reasonable person to believe that entry or search was necessary to prevent physical harm to the officer or other persons/the destruction or concealment of evidence/the escape of a suspect, and if there was insufficient time to get a search warrant. United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984)
    Going too far is half the pleasure of not getting anywhere

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    • #3
      ....

      Here's the reality: depends on circumstances and how u can articulate it...

      let's say u hear screaming, cries for help, gunshots, etc. obviously ur going inside with or without force

      u get there and dont hear anything but talk to neighbor who called it in and they heard loud arguing, u may have to get creative . people may be inside and just being uncooperative.. u may have to try to make contact by banging on doors and windows , telephoning inside, seeing if cars are in driveway, or just calling out that we are not going anywhere to u answer the door

      also if u force to enter and cause damage pd may have to pay for repairs

      then again sometimes the unlocked front doors accidentally comes open while knocking in these situations

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      • #4
        Without consent

        if you pull up and you can smell 7 pork roll sandwiches being made.......

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        • #5
          Originally posted by Mahoot View Post
          if you pull up and you can smell 7 pork roll sandwiches being made.......
          Definitely exigent circumstances! Prevent the destruction of...... something or other.
          Going too far is half the pleasure of not getting anywhere

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          • #6
            Port Roll

            To clear up what I meant (for the non-NJ people)
            ------------------------------------------------------------
            September 15, 2008

            Rockaway Twp. cop loses job for stealing sandwiches

            By Peggy Wright
            Daily Record

            A Rockaway Township police sergeant forfeited his job this morning after pleading guilty to stealing $29 worth of breakfast sandwiches from a convenience store in December.

            Sgt. Christopher Stahl pleaded guilty this morning in Superior Court, Morristown, to a disorderly persons charge of theft and agreed to forfeit his job as a result.

            Stahl, 39, was accused of ordering eight pork roll, egg and cheese breakfast sandwiches, worth $29.45, at a Rockaway Borough Quick Chek on Dec. 15, 2007, and walking out without paying.

            Store workers said Stahl was an occasional customer at the convenience store. Rockaway Township officers caught wind of the incident and reported it to the Morris County Prosecutor's Office, which investigated. The incident was caught on the store's video surveillance system.

            According to state pension documents, Stahl has been a police officer for 15 years. In 2007, he received a salary of more than $93,000.

            Stahl, through his attorney, admitted in court that he ordered the food and left without paying. His sentence called for the veteran officer to give up his job and forbids him from ever holding a public position again. He also was ordered to pay $225 in fines, plus restitution for the sandwiches.

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