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CO: Domestic violence call is exigency; no "domestic violence exception," but almost

By John Wesley Hall, Jr.

A 911 domestic violence call from a child who left the home to call from nearby was exigency for entry. [Responding to domestic violence cases are where a significant number of cops get killed.] The female let the police in and consented to a search. While “there is no ‘domestic violence’ exception” to the warrant requirement, almost. (The court suggests the 911 call can also provide probable cause.) People v. Chavez, 2010 Colo. App. LEXIS 213 (February 18, 2010): A warrantless entry may be justified by investigative exigencies or emergencies. Brigham City, 547 U.S. at 403. The "exigent circumstances" and "emergency" exceptions are technically distinct: for example, the former requires traditional probable cause while the latter requires an objectively reasonable basis for believing immediate aid is required inside...continue to full post

Full post as published by Fourth Amendment on February 20, 2010 (boomark / email).