{"id":7502,"date":"2012-08-25T12:28:55","date_gmt":"2012-07-30T10:51:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-30T10:51:04","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7502","title":{"rendered":"CA8: 911 call led to threat to EMTs with a baseball bat and possible gun, and that justified entry"},"content":{"rendered":"

Plaintiff\u2019s girlfriend discovered that he had an apparent stroke, and she called 911. EMTs arrived, and plaintiff threatened them with a baseball bat. They called for the police, and they arrived and Tasered him when he was threatening and verbally abusive to them. His girlfriend told them he had a rifle in the house, and that concerned them. He sued claiming that they didn\u2019t appropriately respond to the stroke, and he suffered permanent damage. The entry was valid because of the threat with the bat and the report of the gun. Carpenter v. Gage<\/a>, 686 F.3d 644 (8th Cir. 2012)*:<\/p>\n

A reasonable deputy sheriff could have believed that exigent circumstances justified entering Carpenter’s home without a warrant. Deputies Gage and Paul both received reports that Carpenter had threatened first responders with a baseball bat. Although Carpenter denies wielding a bat while ordering the first responders out of his house, the relevant question is whether the deputies reasonably believed that he had used a baseball bat. … Here, the deputies were advised by a reliable source that Carpenter had done so. The deputies also were advised by Carpenter’s companion that Carpenter kept a rifle in the home. In light of these facts and Carpenter’s belligerence toward the first responders and the deputies, it was reasonable for Gage and Paul to believe that Carpenter may have withdrawn abruptly into his home to retrieve a gun. As neither deputy knew where Carpenter’s rifle was located, it was reasonable for them to fear that they lacked time to make a safe retreat. A reasonable officer therefore could have concluded that allowing Carpenter to go unaccompanied back into his home posed a threat to the lives of the law enforcement officers and first responders outside the house. … For these reasons, the district court correctly dismissed Carpenter’s claim alleging an unreasonable search under the Fourth Amendment.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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