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Originally Posted by sgtdmski I believe that the facts of the case are just as important as the ruling. This case involved police arriving at a residence to investigate a case of domestic violence. The court has now said that one of the individuals in a house can overrule the police coming in, it is a sad day for women's rights. I want to know where is the outcry from NOW??? Its funny, after all their complaints about Robert's and Alito's confirmation, Robert's actually rules in favor of women's rights. Just goes to show you how unimportant NOW has become.
This decision I believe will come back to bite the justices on the backside.
dmk |
If this case involved exigent circumstances, and the court ruled against the cops, I would be completely in your corner. If the ruling impacts exigent circumstance cases, I believe I may be just as concerned as you.
With that said, there is no stated reason for why the cops should have entered the residence under exigent circumstances. No stated reason for why they should have entered the residence under a need to protect the wife. No stated reason for why domestic abuse laws would have invoked a need to enter the residence.
And, as hevusa pointed out, they could have just asked them to step outside.
They were obviously talking to the wife, and it looks like they thought she was safe. The REASON GIVEN for entering the house was because of the wife's permission. That's it. JUST that.
Unless there are other circumstances not discussed in the article, I think you're over-stating things. I see no reason to believe this is an issue of "woman's rights", although I can see how it can easily be made into one if this ruling impacts exigent circumstances.
And just for reference...
http://www.lectlaw.com/def/e063.htm
"EXIGENT CIRCUMSTANCES - Emergency conditions. 'Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.' United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984).
Exigent circumstances may excuse failure to make an announcement or to wait for the occupant to refuse entry. United States v. Mendonsa, 989 F. 2d 366, 370 (9th Cir. 1993). The existence of exigent circumstances is a mixed question of fact and law reviewed de novo. Id.
A search is reasonable, and a search warrant is not required, if all of the circumstances known to the officer at the time, would cause a reasonable person to believe that entry or search was necessary to prevent physical harm to the officer or other persons/the destruction or concealment of evidence/the escape of a suspect, and if there was insufficient time to get a search warrant."
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