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NCJ Number: 156299 Find in a Library
Title: Warrantless Police Entry into the Home: Constitutional Restrictions
Journal: Crime to Court Police Officer's Handbook  Dated:(July 1995)  Pages:complete issue
Author(s): J C Coleman
Date Published: 1995
Page Count: 26
Type: Training (Aid/Material)
Format: Article
Language: English
Country: United States of America
Annotation: Based upon McCabe v. City of Lynn (U.S. District Court of the District of Massachusetts), this handbook examines constitutional restrictions on warrantless police entry into a home, followed by a procedural article on outlaw motorcycle gangs.
Abstract: The case of McCabe v. City of Lynn (1995) is concerned primarily with whether a mental-commitment order carries with it the authority of a police officer to make warrantless, forcible entry into a home to take the subject into custody. The legal commentary concludes that there were no exigent circumstances in this case that justified the suspension of the warrant requirement. The test for determining the presence of exigent circumstances that would suspend the warrant requirement "is whether there is such a compelling necessity for immediate action as will not brook the delay of obtaining a warrant." The burden of proving the necessity for a warrantless search is on the government, and that burden is a substantial one. In this case the officers had no indication that waiting a few hours for a warrant would present an immediate threat to either Ms. Zinger (the subject of the involuntary commitment order) or the community. The plaintiff's motion for summary judgment against the City of Lynn was granted. The discussion of outlaw motorcycle gangs advises that outlaw motorcycle gangs that deal in drugs, prostitution, and violent crimes comprise only 1 percent of all motorcycle riders. A history of outlaw motorcycle gangs is presented to help police officers understand the background of such gangs. Part 2 of the two-part series on motorcycle gangs will list four steps in dealing with those suspected of being members of a motorcycle gang.
Main Term(s): Police policies and procedures
Index Term(s): Court procedures; Motorcycle gangs; Warrantless search
Note: July 1995 issue.
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