Scenario | MassCops

Scenario

Discussion in 'Court Procedure' started by RodneyFarva, Oct 31, 2018.

  1. RodneyFarva

    RodneyFarva Get off my lawn!

    All right scenario time:
    You are working a 16:00 to 24:00 patrol shift at 18:00 hours you are dispatched to a 911 hang (from a land line) up at 500 High St. While en-route your dispatch advises they have attempted to call the number back and had received no answer. You request a records check and there is no history of domestics violence ect. upon arrival at the residents you observe a 50 plus year old white male with overalls and jacket in the front of the property on the lawn. You advised the party why you were here and asked if he was the home owner. The male replies yes that he is the owner and states "all is fine no problems here sir". Without you asking he even hands you his drivers license as proof that this is his home. The name on the license and at dispatch all match up, no warrants, no BOP, no history what so ever. Now you being the diligent Officer you are ask the male (now known to you as Jame Gumb) if you could please see the phone from which the call originated he replies "No I don't like police, I don't want you in my home. all is fine here, good day." Ok, by now your spidey sense are tingling and you think something is fucked up you make entry to his home only to find a female teenager tied up and assaulted in his bed room. You now make the arrest. Now the question is that, is the E911 hang-up alone enough to justify a warrantless entry to Mr Gumb's home and could any evidence observed or seized be suppressed?

    Thanks in advance!
     
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  2. mpd61

    mpd61 Retired Fed, Active Special

    Why wouldn't you be good to go? Are we not required to put "eyes/ears on" a 911 dispatched call? Based on your experience with behavioral indicators (spidey sense) exhibited by the male subject, You did the right thing. In the end who cares if/what gets suppressed. You apparently interrupted a crime, and now the home owner has a BOP for future responders to be aware of..........
    WINNING!!!!!!!!!!!!!;)
     
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  3. USAF3424

    USAF3424 MassCops Member

    One 911 call? Spoke with the owner and confirmed address? Id say um no. Sounds like a huge stretch to me.
     
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  4. mpd61

    mpd61 Retired Fed, Active Special

    Last edited: Oct 31, 2018
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  5. RodneyFarva

    RodneyFarva Get off my lawn!

    No idea, this didn't happen to me or anything I'm just throwing it out there as a hypothetical incident.
     
  6. mpd61

    mpd61 Retired Fed, Active Special

    You filthy bastard!!! This is the equivalent of the shitbird who keeps us all late in In-service with the "What If" questions!!
    Damn you! try "HYPOTHETICAL Scenario" as your title next time
    :p
     
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  7. RodneyFarva

    RodneyFarva Get off my lawn!

    Ooh ooh Mr Kotter!
     
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  8. RodneyFarva

    RodneyFarva Get off my lawn!

    From Scheft's book: but it still left me scratching my head... E911 a.jpg E911 b.jpg e911 c.jpg
     
  9. 02136colonel

    02136colonel Supporting Member

    I think it’s a close call, but you’d probably be gtg. You could articulate the community caretaker function that you were fulfilling. And the fact that you found the victim due to entering the house, supports the argument that you were acting in your capacity as a community caretaker, not enforcement/investigation. But like I said, close call
     
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  10. 02136colonel

    02136colonel Supporting Member

    And I’m not sure if the scenario is hypothetical or not, but if it’s not... kudos on this call. No matter how the court rules, I’d rather have the victim be ok and have the evidence get suppressed, then win a conviction in a murder trial because you didn’t go in.
     
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  11. USM C-2

    USM C-2 MassCops Member

    Don't forget his little dog... the girl in the well in the basement was mean to it.

    It's from "Silence of the Lambs" if you didn't get it....
     
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