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Old 02-13-2014, 18:28   #2
No Infidels!
DaBigBR's Avatar
Join Date: Oct 2005
Location: Circling the wagons.
Posts: 15,986
Lots of authority in here:

But I don't know that you're going to like what you read. The gist of it is that the community caretaking function established in Cady applies only to vehicles according to most courts. Several cases were cited where officers were justified in entering a dwelling or other structure when there some significant exigent circumstances (such as seeing a pair of legs on the ground with a shotgun between them).

I think generally you're going to not find as much case law on the topic as you would in some other areas since a lot of these entries and searches are based upon plainly apparent exigent circumstances and often times there is no criminal charge. If you kick down grandma's door because you can see her lying unconscious on the living room floor, the odds there being any criminal charges and against the family filing a civil suit for the damages.

Can you provide any more detail that might allow us to refine the search?
"Logic is rarely the engine that propels a police department forward."

-David Simon in "Homicide"
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