Case: Forcible, Warrantless Police Entry Into a Domicile -- When is it Justified? (From Crime to Court: Police Officer's Handbook, P 1-3, 1989, Joseph C Coleman)

• NCJ Number: 120956
• Author(s): J C Coleman
• Date Published: 1989
• Length: 3 pages
• Sponsoring Agency: South Carolina Law Enforcement Training Council
• Corporate Author: South Carolina Criminal Justice Acad
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Crime to Court is a monthly continuing education television program for law enforcement officers produced by S.C. ETV in cooperation with the South Carolina Criminal Justice Academy.

Annotation

Whenever police make a forcible, warrantless entry into a domicile, they bear the burden of providing evidence to the court that the entry was reasonable and lawfully executed.

Abstract

In the case of United States v. Lindsey, a narcotics informant arranged for a Buena Park, California, undercover police officer to buy methamphetamine from a local dealer. After meeting the officer, the dealer went to Lindsey's residence to obtain the drugs. After he was arrested, the officer requested backup help; additional officers arrived within the hour, during which time the officer did not attempt to obtain a warrant to search or surveil the house. The police approached the house with drawn weapons, spotted Lindsey through a window, and ordered him to surrender. The parties dispute whether the police knocked, announced their purpose, and whether Lindsey gave the officers verbal and written consent to search his house. The court denied Lindsey's motion to suppress the incriminating evidence seized during the search; he pleaded guilty conditionally and reserved his right to appeal the denial of his suppression motion.