6th Circuit - Entry into home following 911 call justified based on exigent circumstances despite homeowner's denial of permission to enter

CT
Chuck Thompson
Mon, Jan 14, 2013 3:39 PM

Today, the 6th Circuit decided a case addressing whether officers acting under a policy requiring them to secure a scene to which EMS had been called had the right to enter the property, conduct a search and arrest the occupants. The facts describe a 911 call asking for help due to a potential drug overdose. When the police and EMS arrived, the family refused the police entry and asked that only the EMS come in.  As the policy required the police to secure the scene, the officers asked to send the person out who needed help or let the police in. The family refused, now claiming the call was in error and the mother claiming that as an RN she was comfortable that the person (her son) was ok. The officers described the son as pale, that he needed help standing and that his gaze was unfocused.  They sought advice and were advised that if the son did not come out that they should enter the premises.  They did, searched it and arrested the family for obstruction, the son for drug use (and took him to the hospital for help).  The court concluded that there were sufficient exigent circumstances to justify the entry into the home, that there was probable cause to arrest and that based on the facts the search was not unreasonable.
13a0015p.06http://www.ca6.uscourts.gov/opinions.pdf/13a0015p-06.pdf

11-1998https://ecf.ca6.uscourts.gov/cmecf/servlet/TransportRoom?servlet=CaseSelectionTable.jsp?csnum1=11-1998

Susan Stricker v. Twp. Of Cambridge
Eastern District of Michigan at Detroit

Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424  x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA Mid-Year Seminar April 14-16, 2013
IMLA'S Annual Conference in San Francisco September 29-October 2, 2013

Today, the 6th Circuit decided a case addressing whether officers acting under a policy requiring them to secure a scene to which EMS had been called had the right to enter the property, conduct a search and arrest the occupants. The facts describe a 911 call asking for help due to a potential drug overdose. When the police and EMS arrived, the family refused the police entry and asked that only the EMS come in. As the policy required the police to secure the scene, the officers asked to send the person out who needed help or let the police in. The family refused, now claiming the call was in error and the mother claiming that as an RN she was comfortable that the person (her son) was ok. The officers described the son as pale, that he needed help standing and that his gaze was unfocused. They sought advice and were advised that if the son did not come out that they should enter the premises. They did, searched it and arrested the family for obstruction, the son for drug use (and took him to the hospital for help). The court concluded that there were sufficient exigent circumstances to justify the entry into the home, that there was probable cause to arrest and that based on the facts the search was not unreasonable. 13a0015p.06<http://www.ca6.uscourts.gov/opinions.pdf/13a0015p-06.pdf> 11-1998<https://ecf.ca6.uscourts.gov/cmecf/servlet/TransportRoom?servlet=CaseSelectionTable.jsp?csnum1=11-1998> Susan Stricker v. Twp. Of Cambridge Eastern District of Michigan at Detroit Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA Mid-Year Seminar April 14-16, 2013 IMLA'S Annual Conference in San Francisco September 29-October 2, 2013