{"id":1522,"date":"2008-07-22T06:51:58","date_gmt":"2007-11-12T09:04:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-11-12T09:04:01","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1522","title":{"rendered":"Domestic disturbance call outside of a house did not create an exigency where the police were told by female involved they were not wanted"},"content":{"rendered":"

Police received a 911 call about a domestic dispute with shots fired from defendants’ house. When they arrived, the female was outside hysterical. The officers talked to the female, and she told them to leave because they were not wanted or needed. Despite this, they went inside and found a meth lab. No emergency existed. The denial of the motion to suppress is reversed. State v. Bookheimer<\/a>, 221 W. Va. 720, 656 S.E.2d 471 (2007):<\/p>\n

Applying the above-cited legal principles to the present case, we find it unreasonable for the officers to have conducted a warrantless entry and search. At the suppression hearing, the responding officers testified that Ms. Tingler clearly told them that there was no domestic dispute, they were not wanted, they were not needed, and that she wanted them to leave. In the face of this clear rebuke, it would not be reasonable for an officer to proceed to enter and search the premises unless there was some other condition lending to an emergency circumstance.<\/p>\n

While the officer testified that Ms. Tingler was acting in a “hysterical” manner, a review of the record reveals the contrary. After listening to the officer’s testimony at the suppression hearing, the trial judge could not agree that “hysterical” was a proper characterization of Ms. Tingler’s behavior. From the bench, the judge “note[d] that upon arriving at the scene the testimony of [the] Deputy … was that Ms. Tingler was yelling, and was in a state of less than quite [sic] demeanor. I would not say that she was irrate [sic], but it appears that there was yelling by Ms. Tingler[.]” Moreover, the order stemming from the suppression hearing referred to Ms. Tingler’s demeanor as “agitated.” Being less than “irate” and “agitated” does not lend support to the officer’s contention that Ms. Tingler was hysterical. An objective review of the record reveals a woman who was angry and who was, indeed, probably yelling. However, her anger and yelling were not caused by circumstances occurring prior to the arrival of the officers. Rather, her agitation was aimed at the fact that the officers were present on her property. Thus, Ms. Tingler’s behavior did not create an emergency or an exigent circumstance justifying entry into the residence.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1522","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1522","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1522"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1522\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1522"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1522"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1522"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}