{"id":30696,"date":"2017-12-14T06:55:12","date_gmt":"2017-12-14T11:55:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30696"},"modified":"2017-12-14T06:56:05","modified_gmt":"2017-12-14T11:56:05","slug":"ca8-domestic-call-and-argument-where-def-was-reported-armed-justified-warrantless-entry","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=30696","title":{"rendered":"CA8: Domestic call and argument where def was reported armed justified warrantless entry"},"content":{"rendered":"

In a domestic dispute where the police were called, \u201cThe warrantless entry was justified by a legitimate and objectively reasonable concern for the safety of Christina Bak and the officers. They had information that Quarterman was making Christina Bak move out, he was armed, and he had been in a heated verbal altercation with her mother that morning. After Christina Bak opened the door, Quarterman made quick movements as if reaching toward the couch or getting up. Unable to see the gun from the doorway and aware that domestic disputes can turn violent, the officers decided to enter and control the situation.\u201d United States v. Quarterman<\/a>, 2017 U.S. App. LEXIS 24993 (8th Cir. Dec. 12, 2017).<\/p>\n

\u201cRegardless of whether defendant Robinson was merely \u2018joking around,\u2019 the Court finds that the officers reasonably believed that they had just witnessed an assault, thus, giving the officers the authority to conduct a Terry stop. Defendant Robinson’s actions in motioning towards his waistband with his hand gave the officers a reasonable, articulable suspicion that Robinson may be armed and presently dangerous. Therefore, the officers were justified in frisking defendant Robinson for the protection of themselves and others nearby while conducting the stop.\u201d United States v. Robinson, 2017 U.S. Dist. LEXIS 203146 (W.D. Mo. Oct. 11, 2017),* adopted, 2017 U.S. Dist. LEXIS 202310 (W.D. Mo. Dec. 8, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"

In a domestic dispute where the police were called, \u201cThe warrantless entry was justified by a legitimate and objectively reasonable concern for the safety of Christina Bak and the officers. They had information that Quarterman was making Christina Bak move … 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":[3,35],"tags":[],"class_list":["post-30696","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30696","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=30696"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30696\/revisions"}],"predecessor-version":[{"id":30698,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30696\/revisions\/30698"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30696"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30696"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30696"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}