Mere possibility somebody might be inside in need of assistance is not enough; here, nobody said anybody was inside

Emergency entry into defendant’s premises was not justified because the police had no information that anybody was inside. The mere possibility is not enough. State v. Fausel, 109 Conn. App. 820, 953 A.2d 891 (2008):

At the suppression hearing, Huggins testified that he did not know if anyone else was inside the defendant’s house but was concerned about the possibility that someone might be injured and in need of assistance. By way of explanation for the entry, Huggins suggested that Wayne’s illegal entry of the home insinuated a burglary and the possibility that someone was injured. Before Huggins entered, however, Wayne indicated that no one else was in the house, and he indicated that his friend, the defendant, lived there. As corroboration, Wayne provided the defendant’s name, which was consistent with the information in the possession of the officers. On this basis, there was no indication that Wayne’s entry into the house was illegal. In sum, there is no evidence in the record to indicate that the officers ever had any reason to believe that there was anybody inside the house in immediate danger or in need of aid. A mere concern that someone might be inside and might be in need of immediate assistance does not warrant police intrusion into a private dwelling under the emergency doctrine. Thus, the police were not justified in entering the defendant’s house pursuant to the emergency exception. (court’s emphasis)

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