NCJ Number
139925
Date Published
1992
Length
23 pages
Annotation
This handbook presents the case as faced by local police officers in New Orleans, the law of the case, and legal commentary pertaining to warrantless police entry into domiciles; it also outlines interviewing techniques for questioning a child who has been abused.
Abstract
Unless excused by a court-recognized exception to the warrant rule, warrantless police entry into a home is presumptively unlawful and will raise the poison fruit doctrine. An important exception is when an emergency circumstance makes it unreasonable for the courts to apply the doctrine. A common problem that arose for the New Orleans police relates to determining whether the particular circumstances in which they found themselves justified application of the exception. The police officers, aware of a pending drug deal, had been assured of the defendant's voluntary consent to the warrantless search of his house by having him sign a "Permission for Search and Seizure" form. Two questions arose on appeal: whether the entry and internal securing of the premises constituted an impermissible seizure and whether the subsequent written consent to search was voluntary. The conviction and sentence were affirmed on the basis that sufficient exigency existed to justify the warrantless entry on the part of the police and that the subsequent consent to search was valid. 35 references