{"id":18104,"date":"2015-07-20T16:24:40","date_gmt":"2015-07-20T21:24:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18104"},"modified":"2015-07-21T07:08:47","modified_gmt":"2015-07-21T12:08:47","slug":"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","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=18104","title":{"rendered":"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"},"content":{"rendered":"

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<\/a>, 2015 N.J. LEXIS 800 (July 20, 2015):
\n<\/p>\n

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). <\/p>\n

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\u2019s hand; and defendant became agitated when asked if he was married. As a result, the emergency-aid exception justified the officers\u2019 warrantless intrusion into defendant\u2019s home. (pp. 19-22). <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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. … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-18104","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18104","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18104"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18104\/revisions"}],"predecessor-version":[{"id":18108,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18104\/revisions\/18108"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18104"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18104"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18104"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}