[cpdiii]

“The court's decision arises out of a case in which a husband and wife were arguing outside their apartment. When police arrived to investigate, the couple retreated into their domicile. The husband attempted to close the door, but one officer forced his way into the apartment. The husband shoved the intruder against a wall, whereupon a second officer used a stun gun on the man and arrested him.”

If the woman was in danger of harm the officers had a duty to intervene. If this was a simple argument between a husband and wife and there was no danger, this is most definitely a 4th amendment issue. It was a 3-2 decision.

[muawiyah]

Nope, the guy had been OUTSIDE when told the cops he no longer lived there.

The woman had called the cops ~ they didn't just wander in imagining they'd be investigating something. They answered a call for help.

It turned into a kidnapping. He had no goods there. She pleaded with him to open the door and get out of the way.

He got off the hook with three minor felony charges. He should have gone up the river for life eh!

[muawiyah]

BTW, SHE CALLED THE COPS the first chance she got alone away from this guy. SHE CALLED. THEY ANSWERED.

There was no unlawful entry.