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Old 02-15-2014, 13:40   #18
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Join Date: May 2001
Location: Georgia
Posts: 18,658

Originally Posted by txleapd View Post
The following is some long standing case law...

Every case I've come across that deals with making entry based on community care taking has some wording about exigency created by the reasonable belief that someone could be in danger. It's not reasonable to make entry just because there is an unlocked, or even open, door. There has to be something else... A 911 hang up call, cry for help, someone visible (and unresponsive) laying inside, etc...

I don't see how a dispatched call about parking with an open door present would automatically fall into community care taking.

I think the best bet would have been to call from the door way, if no one answered then it probably would have been best to just shut the door. If you feel the need to make entry, just realize that anything you come across likely wouldn't hold up in court.

At least that's my 2 cents worth...
100% agree. It is not illegal to leave your door unlocked, open or to not respond to someone knocking. There has to be something else to go along with it.
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