• Do Officers have exigency to enter a home for verbal disturbance

  • Jan 21 2022
  • Length: 5 mins
  • Podcast

Do Officers have exigency to enter a home for verbal disturbance

  • Summary

  • The following is a computer-generated transcription, some grammar and spelling errors may be inherent

    Hey, it's Anthony Bandiero here with Blue to gold law enforcement training. roadside chat from an officer in Nevada. All right, so here's the basis. The idea here is you know, do officers have agency to enter a home based off of a verbal disturbance that verbal domestic so let's say you know, a new officer response to a disturbance call, okay. The neighbors are calling up hey, these guys are going at him. Upon walk him to the door, he or she hear screaming and yelling. You know, coming from inside the house. The officer announces police in the yelling stops. The young officer then knocks on the door but no one answers and can hear people moving inside. The officer is not sure what to do and wait for an additional unit. Okay, that's pretty common should be waiting for additional unit anyway. Right. The new officer relays the information to the senior officer Hey, I heard these guys screaming when I knocked on the door yell police, they stopped screaming. The senior officer decides to make entry to render aid based on the agency to protect an occupant from imminent harm. Would the agency be okay? Now, one of the things like is the agency stale, right, because we waited for the senior officer. Well, first of all, I gotta tell you, you know, just as my personal opinion, and so take it for what it's worth, but I got a little hesitation to begin with, like about why we're even entering this home. I'm personally not seeing the emergency aid exception applicable here. The emergency aid exception allows cops to force entry into a home without consent without a warrant when they believe that there is imminent harm, or violence or render aid. But it seems to me that what we have fundamentally is verbal, and I understand that verbals can escalate into into physical, but I'm not sure courts are going to buy off on that as something as a matter of routine is automatic. Is there anything else? Is there a history of violence at this house? Is that the the the neighbors hear any kind of crashing plates and breaking plates and stuff? Certainly, no throw on the lawn, which could indicate a propensity for physical violence. But I'm just telling you just you know, my opinion here is that if you have a case, and it's purely verbal, you have no evidence. Besides the fact that they're yelling at each other, that someone needs or needs your help in protection. I personally would not be entering that home with those facts. I'm just telling you, because I've seen this more and more with cases because if I was the judge, be like, Okay, where is the eminent? where's the evidence that this person is about to be assaulted physically? People oftentimes get into verbal arguments. I've been in verbal arguments, you know, with my spouse, and you have to, and if police knew that and knew nothing else, would that allow them to force entry into my home? I don't think so. And that's my point. So be careful there. Do you want something more than just verbal? But even if, and by the way, this is not clear. I mean, in no way am I telling this office senior officer that he or she did the wrong thing? By no means am I meaning any disrespect? I'm just saying let's, you know, I'm sure there was a lot more I mean, this thing is a paragraph. I'm sure in the real case, there's a lot more going on. And really, by the way, the officers not really asking about that issue. The officer is asking what the staleness of it. And I'll ask that next. But so just to let you know that, you know, I respect you guys. And I know that there's way more case more and more facts and so forth. And finally, the officers really kind of talking about is there a stillness issue here? ...

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