Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CT: Police objectively saw an emergency to enter defendant's home because of a burglary and exigency

By John Wesley Hall, Jr.

A burglar was hiding in the house of others he had no connection to, and the police could not get them to respond to their calls. The police could consider the occupants at risk of harm. When the police came in, they found drugs and drug paraphernalia and arrested the owner. State v. Fausel, 295 Conn. 785, 2010 Conn. LEXIS 119 (April 27, 2010): It therefore is of no moment that the police officers in the present case did not encounter an emergency when they entered the residence. They were objectively reasonable in believing that an emergency situation existed within the residence. The Appellate Court thus improperly concluded that "[a] mere concern that someone might be inside and might be in need of immediate assistance does not warrant police intrusion into a private dwelling under the emergency doctrine...continue to full post

Full post as published by Fourth Amendment on May 03, 2010 (boomark / email).