NJ: There is a rebuttable presumption that a dropped 9-1-1 call is an emergency, and the presumption applied here on the objective facts

Here, the objective facts supported the conclusion that there was an emergency from a dropped 9-1-1 call. There is a rebuttable presumption that a dropped 9-1-1 call is an emergency, and the presumption applied here. State v. Reece, 2015 N.J. LEXIS 800 (July 20, 2015):

3. A dropped 9-1-1 call from a residence has been recognized as creating a presumptive emergency requiring an immediate response, although the presumption created is a rebuttable one. Therefore, the emergency-aid exception presents a fact-sensitive inquiry in which a court must weigh the competing interests at stake, more particularly, the privacy interests of an individual in the home, against the interest in acting promptly to render potentially life-saving assistance to a person who may be incapacitated. (p. 19).

4. The facts of this matter provided an objectively reasonable basis for Delagarza to believe that an emergency existed requiring immediate assistance, based on the dropped 9-1-1 call and the presumption of an emergency thereby created, and his observations that: defendant denied making the call while also claiming that no one else was home; there were three cars in the driveway; there was an abrasion on defendant’s hand; and defendant became agitated when asked if he was married. As a result, the emergency-aid exception justified the officers’ warrantless intrusion into defendant’s home. (pp. 19-22).