Ep. #293: Can police enter home if person is violating protective order?

2 years ago
3

📌 Here’s a good exigency example:

Police officers had an objectively reasonable basis to enter victim's house without a warrant based on presence of defendant, a domestic violence suspect, in home with children and officers' belief that entry was necessary to render emergency assistance to children or protect children from imminent injury; officers observed child in upstairs window acting excitedly and gesturing at them, victim exited residence and closed the door behind her to speak to officers, victim had visible injuries in form of red marks on her face and neck and was acting emotionally and unstable, victim directed officers to not tell defendant that her daughter had called for help, victim was adamant about keeping officers outside, and officers heard crying coming from inside home when victim went to bring defendant outside.
- United States v. Sanders, 4 F.4th 672 (8th Cir. 2021)

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