A man is at his home in the early morning following his daily routine of reading the paper and drinking his coffee. He is in the kitchen when he hears some noise coming from the living room. He believes it to be the family dog and dismisses the noise. Moments later he hears someone running down the stairs. As he rounds the corner he comes face to face with a police officer. “Is this 108,” asks the officer. Confused the man has no reply. “Is this house number 108,” the officer insisted. The man replies, “No, this is 128.” The officer turns and leaves immediately.
The officer, responding to a 911 call, searched all the rooms of the house in order to try and save a man’s life that was experiencing a heart attack but went to the wrong house initially. The officer went back to apologize and explained to the man his error. The police then asked the man to turn and place his hands on his head. While upstairs he found a large amount of cocaine.
2007-04-10 02:12:38 · 13 answers · asked by Ron P 2 in Politics & Government ➔ Law Enforcement & Police
yep
The police had a legit reason to enter no 128, because they had received a 911 call that a man was having a heat attack, the fact that the police enter the wrong house is considered a honest mistake, therefore unless you can show the police used this as a pretext to enter 108 because they knew there where drugs you most likely would not have a case
The only other way to suppress the cocaine seizure is if the cocaine up stairs was not out in plain view but in a box, suitcase, somewhere hidden which could not have been a place where a man could have been, then no right to inspect closed containers
2007-04-10 02:19:46 · answer #1 · answered by goz1111 7 · 1⤊ 0⤋
Here in Canada this is likely how it would go:
The officer was acting in good faith when entering the house (mistakes do happen) saw the cocaine but had to deal with another more important issue first. Once the emergency was dealt with the officer would have to get a warrant to go back into the house and search for the cocaine and subsequently arrest the resident. A warrant would be required for re-entry in Canada, but would very likely be granted on what the officer saw.
Just recently one of our officers was dealing with an audible alarm. The neighbour said it was coming from one of the houses across the street. The alarm has shut off by now and the officer is checking the 2-3 houses that may be the source of the alarm. While checking windows for signs of forced entry the officer discovers a marijuana grow. He goes, gets a warrant and gets the drugs. The important thing here is that the officer was acting in good faith and that the officer thought he had the right house and his intent was not to search the house for drugs.
2007-04-10 02:33:51 · answer #2 · answered by joeanonymous 6 · 0⤊ 0⤋
They have a right to arrest him sure. They also have an obligation now of proving that they didn't plant the drugs in this house. They also have to explain how they gained entry to a home that was occupied and why they didn't knock on the door? How visible was the house number for that address? Was the numbers right in front of the doorway for example, clearly visible and obvious? If this guy has a very good lawyer he may well get off on this....He'd be a fool to represent himself. People that are even guilty should never plead unless its obvious they have no hope in hell and are offered a good deal to do so! Remember, the prosecution has to prove their case not the defendant!! I don't understand why he didn't come back with a search warrant...I think the man has a good case of getting off this charge!
2007-04-10 02:53:54 · answer #3 · answered by Anonymous · 1⤊ 1⤋
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2016-10-02 11:37:05 · answer #4 · answered by linnon 4 · 0⤊ 0⤋
Hope this web site could help you.
Adviceguide.org.uk
type in "police powers- arresting" in the search column.
I think the police have the right to, since cocaine is illegal
2007-04-10 02:28:04 · answer #5 · answered by Peach 2 · 0⤊ 0⤋
This story is either totally fabricated, or highly inaccurate. EMS/Fire would get the call first. How did the Officer get in?. The Officer would announce his office immediately upon entering. There's obviously more than one floor to the home. The man didn't hear the Officer searching the rooms?. The Officer would have communicated on his radio that he couldn't find anyone. Bad scenario!. NO ANSWER
2007-04-10 04:49:14 · answer #6 · answered by CGIV76 7 · 0⤊ 0⤋
No, they had no legal cause to arrest the man, they collected the cocaine and arrested the man illegally
2007-04-10 04:53:21 · answer #7 · answered by undertaker_05_69 2 · 0⤊ 0⤋
excume me but doesn't the "cocaine" have to be tested! the cop immeadeatly left the house then returned and placed the man under arrest....
2007-04-10 03:29:35 · answer #8 · answered by Robert P 6 · 0⤊ 1⤋
While it wouldn't stand up in court, the police discovered the drugs quite by accident. Bust him!
2007-04-10 03:44:00 · answer #9 · answered by John B 4 · 0⤊ 1⤋
Yes, they came in in error, but what if they found a body,
were they expected to ignore it.
2007-04-10 02:21:54 · answer #10 · answered by Anonymous · 0⤊ 0⤋