DJ's left nut |
04-07-2010 02:46 PM |
Quote:
Originally Posted by CrazyCoffey
(Post 6658143)
To go into that yard, the officer needed an exception to the warrant requirements; in this case that would likely have to be an emergency. would chasing a fleeing violator be an "emergency" or do police have to stop and ask permission from homeowners before following a fleeing criminal that was only trying to evade capture, and not hurt anyone, into backyards?
You seem to think his conduct supports a determination that this was an emergency. I believe his conduct makes it very clear he did not believe it was an emergency and therefore did not have that exigency. we have different opinions on this then.
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A) As to the first bolded point - that's a pursuit and thus falls under an exigency to the warrant requirement, but I will note that just running through the yard would not even constitute 4th amendment activity because there was no search. Entering a yard to investigate alleged contreband is a search. Your attempted analog is easily distinguishable and thus not terribly relevant to the discussion.
B) As to the 2nd point - that's the entire crux of the discussion. If you believe this officer was behaving as though he felt it was an emergency situation requiring his immediate intervention to prevent harm to himself or others, then he was there legally. As I have already alluded to, there are certainly circumstances that would have made this legal.
I do not believe he was acting in that manner and as such I believe that he actually felt (and that's the key, what he actually believed) that this was not an emergency situation. If he did not genuinely believe that this was an emergency situation, then he was there illegally.
And I stand behind what I said from the very start, legally or not, he displayed extremely poor judgment.
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