{"id":5224,"date":"2011-04-14T07:21:29","date_gmt":"2011-02-24T15:07:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-24T06:42:54","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5224","title":{"rendered":"Cal: Objective belief that people might be in danger justified entry into locked bedroom"},"content":{"rendered":"<p>Officers had an objective belief that there were shooting victims in a locked room, so the police were justified in entering the room. They were already lawfully in the house on exigency. <a href=\"http:\/\/www.courtinfo.ca.gov\/opinions\/documents\/S180759.PDF\">People v. Troyer<\/a>, 51 Cal. 4th 599, 51 Cal. 4th 599, 246 P.3d 901 (2011):<\/p>\n<blockquote><p>Accordingly, some courts have held that any probable cause requirement is automatically satisfied whenever there is an objectively reasonable basis for believing that an occupant is in need of emergency aid. &#8230; Other courts have reasoned that the concept of probable cause simply has no role in the analysis of a warrantless entry into a residence under the emergency aid exception. &#8230; We decline to resolve here what appears to be a debate over semantics. Under either approach, and in light of the fact that \u201cthe ultimate touchstone of the Fourth Amendment is \u2018reasonableness,\u2019\u201d our task is to determine whether there was an objectively reasonable basis for believing that an occupant was seriously injured or threatened with such injury. (Brigham City v. Stuart, supra, 547 U.S. at p. 403; &#8230;<\/p>\n<p>The record amply supported an objectively reasonable belief that one or more shooting victims could be inside the house. Police dispatch stated that shots had just been fired \u201cat\u201d 9253 Gem Crest Way, and, indeed, Sergeant Albright\u2019s observations of the blood at the scene indicated that a shooting had occurred \u201cmere feet [from] or within the doorway area.\u201d Bloodstains on the door signaled that a bleeding victim had come into contact with the door, either by entering or by exiting the residence. &#8230; <\/p><\/blockquote>\n<p>[Note: Numerous cases are omitted.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5224\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-5224","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5224","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=5224"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5224\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5224"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5224"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5224"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}