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Mere possibility somebody might be inside in need assistance is not enough; here, nobody said anybody was inside

By John Wesley Hall, Jr.

Emergency entry into defendant's premises was not justified because the police had no information that anybody was inside. The mere possibility is not enough. State v. Fausel, 2008 Conn. App. LEXIS 418 (August 26, 2008): At the suppression hearing, Huggins testified that he did not know if anyone else was inside the defendant's house but was concerned about the possibility that someone might be injured and in need of assistance. By way of explanation for the entry, Huggins suggested that Wayne's illegal entry of the home insinuated a burglary and the possibility that someone was injured. Before Huggins entered, however, Wayne indicated that no one else was in the house, and he indicated that his friend, the defendant, lived there. As corroboration, Wayne provided the defendant's name, which was consistent with the information in the possession of the officers...continue to full post

Full post as published by Fourth Amendment on August 29, 2008 (boomark / email).