"911 hangup call" = exigent circumstances?

Discussion in 'National Laws, Bills and Politics' started by Fallschirmjäger, Jan 17, 2020.

  1. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Having a discussion on another site about the above. Is a 911 hangup call sufficient to establish exigent circumstances whereby law enforcement may demand entry into a person's domicile?

    I'm personally of the opinion that "we don't know", doesn't rise to the level of it being an exigent circumstance but I cannot find either law or court decisions on the matter.

    My singular experience on the matter was the Sheriff's Office coming by after I had told what I thought was an unsolicited call that there was 'blood all over the floor' because they were annoying. FCSO declined to declare the matter as being exigent circumstances based merely upon my statements to the caller.
    (I'd search for that thread for reference, but I can't really remember that many search terms to look for.)

    EDIT: Found the thread: https://www.georgiapacking.org/threads/knock-knock-sheriffs-office.271718/#post-2880762
     
    Last edited: Jan 17, 2020
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    https://www.llrmi.com/articles/legal_update/6th_2010_911dc/

    This article on the subject indicates that it is not clear not a well-developed area of law but the sixth circuit did rule that officers have the right to search your home based on the emergency circumstances doctrine when there was both
    --a 911 hangup call
    and
    --arriving officers found the front door open.

    How that same court would rule if officers found a closed and locked door and apparently no people at home remains uncertain.

    I'm pretty sure that if the officers arrived and saw people at home who refused to answer the cops' knocking at the door, THEN it would be reasonable to draw the inference that somebody in that home called the cops intentionally and other people in that home are preventing them from answering the door. In other words, there's a crime in progress and maybe even a hostage situation.
     
    Last edited: Jan 18, 2020

  3. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Sounds reasonable.
    The hypothetical circumstances were a) a 911 hang up call, and b) someone refusing to consent to the officer's entry at the house/domicile.
    The person indicated that due to there being a hang up call and the police didn't know that there wasn't an emergency that they (as an officer) had the authority to force entry.

    I'm a bit hesitant to say "we didn't know" gives rise to exigent circumstances or the authority to force entry after consent has not been granted.
     
  4. moe mensale

    moe mensale Well-Known Member

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    Did you ever get the blood removed off the floor? What did you use? Just curious in case I've ever got to deal with that. Yeah.
     
  5. NTA

    NTA Well-Known Member

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    and cell phone gps reporting might be one or two houses "off"
     
  6. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    C'mon, Moe, do you really think I wouldn't think ahead and put down some plastic sheeting?
     
  7. moe mensale

    moe mensale Well-Known Member

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    Well, of course. But sometimes things happen faster than we plan for. :mrgreen:

    I just watched LW2 a couple days ago. With the obnoxious Leo Getz.