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NCJ Number: 158322 Find in a Library
Title: Warrantless Entry Into Home--Frisk-Search of Occupant
Journal: Crime to Court Police Officer's Handbook  Dated:(October 1995)  Pages:1-13
Author(s): J C Coleman
Date Published: 1995
Page Count: 13
Type: Policy/Procedure Handbook/Manual
Format: Article
Language: English
Country: United States of America
Annotation: This police officer's handbook describes procedural and legal aspects of a case involving warrantless entry into a home and frisk and search of the occupant.
Abstract: In 1992, a resident of Fontana, California, called the police department to report what he believed was suspicious activity, possibly a burglary, in a house across the street. When police officers arrived to investigate, they found a television on at a low setting and dim lights. The police officers announced their presence but no one responded, and they entered the house through an open door. They searched the living room and the kitchen and then entered the bedroom where they found the house occupant. Satisfied that no burglary or other crime had occurred, the police officers left. The house occupant sued the Fontana Police Department for $20 million, contending that the police officers acted unreasonably when they conducted a warrantless search of the house and briefly seized the occupant. The court ruled in favor of the police department and the house occupant appealed. Legal aspects of the case are examined in terms of fourth amendment protection, exceptions to the warrant rule, the exigent circumstances exception, and probable cause. The author concludes that, from a legal perspective, the police officers acted appropriately in conducting the warrantless search. 5 photographs
Main Term(s): Police policies and procedures
Index Term(s): California; Courts; Probable cause; Reasonable suspicion; Search and seizure; Stop and frisk; Warrantless search
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=158322

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