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I have a friend up on frug possetion after her ...

Sent to Criminal Law Experts May 12 11:42 p.m.

I have a friend up on drug possetion after her boy friend called 911 and and hung up. 911 called back and she answered the plone. She explained what happened. She explained that there was a verbal arguement and gave the address to the location as requested. The 911 dispatcher wanted to talk to the boyfriend so my friend handed the phone to the boyfriend and said they want to talk to you. The boyfriend refused and hung up. 911 did not call back to confirm reasonable suspision was now probable cause. Four police officers showed up at the back yard sliding glass door and asked the unmarkee pair to step out while the other pair of officers entered the residence without requesting or receiving permission to enter. They found a small bottle with PCP in it. My friend admitted the PCP was hers and was immediately arrested. Did the officers ever have or lose probable when they saw no physical abuse on the couplee?

Edited by Customer (name blocked for privacy) on May 13 2008 at 12:06am

Optional Information:
Los Angeles, California

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Did the police have probable cause to dipatch without calling back? Did the police have the right to enter the residence when they could clearly see no truma marks on either party?

Customer (name blocked for privacy)

Status: Closed Value: $15

Answer
May 13 3:57 p.m. (16 hours and 15 minutes later)

ACCEPTED

Dear Customer (name blocked for privacy)

They did have an obligation to send someone to the home - because the phone was hung up. Even if the BF did speak they had a responsibility to arrive in case something was going on and the BF was forcing the statement -

As to the entrance - that is a fine line, in my opinion. They should have asked for permission to enter - however, in a domestic situation if can be argued the probable cause of the phone call allowed them to enter in case there was a firearm or other type of weapon around. They need to do this to CTA in case something would happen to prevent a civil liability.

Again, there is a fine line on that issue. You might consider consulting with a local attorney in this matter, as I do think it is arguable.

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

Michelle -- Elected/Appointed Official -- 100% Positive Feedback on 786 Criminal Law Accepts
30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs

Reply
Sent May 14 6:05 a.m. (14 hours and 7 minutes later)

What about the fact that there was only an arguement and no physical marks on either party when the police arrived? Why do the police have the right to expedt a home has a gun. There is nothing illegal about owning a gun except as a felon?
Thanks

Customer (name blocked for privacy)

Answer
May 14 5:13 p.m. (11 hours and 7 minutes later)

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Michelle -- Elected/Appointed Official -- 100% Positive Feedback on 786 Criminal Law Accepts
30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs

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