M.D.Fla.: Defendant’s damaged gate justified an entry into his house [!]

Defendant’s neighbor called the police to report that defendant’s property’s gate was damaged by what looked like a vehicle rammed it. Police responded, came on the property, and found a door to the house unlocked. The entry was justified by exigent circumstances. United States v. Garcia, 809 F. Supp. 2d 1165 (M.D. Fla. August 3, 2011)*:

Upon knocking at the front door, he received no answer. When he checked the windows and doors, he realized one door was unlocked. Though he found no signs of forced entry, his discovery that a door was unlocked objectively could have suggested someone was inside. Cf. Tibolt, 72 F.3d at 967, 970. Deputy Roe called for backup, and when the backup deputy arrived, the two decided to enter the residence. Before they did so, they shouted “Sheriff’s Office. Come out and make yourself known.” There was no response. Combined with the other factors, which viewed objectively suggested someone could have been inside, the lack of response to their command lends further support for the conclusion that it was reasonable to believe someone could be inside and unable to respond, thus in need of immediate aid. Cf. id. at 970. Just as in Tibolt, without going inside, the officers could not have known whether “an intruder had managed to get into the residence, and even injured or captured a resident, then fled; or had been caught off guard by the police and remained in the residence with a forcibly detained resident.” Id. at 970.

Viewing the totality of the circumstances, the undersigned concludes that it was objectively reasonable for officers to believe someone was in need of immediate aid, and therefore they were permitted to enter the home without a warrant for the purpose of looking for that individual. See McGough, 412 F.3d at 1237 (citation omitted). That Deputy Roe smelled marihuana when he opened the door, and that he admitted the smell was “another factor but not the deciding factor” contributing to his decision to enter the residence, are of no consequence because the subjective intent of law enforcement officers and the seriousness of any possible crime they are investigating are irrelevant. See Fisher, 130 S. Ct. at 548 (quotation and citation omitted).

I’m not buying it. The damage was to the gate, there were no cars on the property, there was absolutely no reason to believe that an entry into the house was justified under any stretch of the imagination.