"police were called to investigate a husband and wife arguing outside their apartment.
When the couple went back inside their apartment, the husband told police they were not needed and blocked the doorway so they could not enter"
If I were a cop I probably would consider this situation as an exigent circumstance, unless the wife came to the door to confirm.
The husbands beligerant actions would arise doubts as to his demeaner.
I wonder how it it was decided that this was an illegal entry considering the circumstances.
The ruling as a broad slash at the constitution however is just plain wrong!
There was no decision that the cop’s entry was unlawful. That’s simply Mr. Barne’s lawyer’s assertion.
From the limited information provided, I have forced entry into homes for the exact same thing. On domestic violence calls I need to talk with all parties involved seperately. This is a crime and needs to be investigated.
HOwever, just driving by and randomly wanting to walk into your home, no. They comments made by many posters suggest just than.
Just think if this was your sister, mother, daughter? If the officer did not check on her safety, and she was seriously injured, what would you do? Oh, thats ok, the boyfriend/husband said you couldn’t go into the house and check on her. I understand. The 4th amendment far exceeds the life of my sister.
Sometimes you people have to engage your brain before you engage your keyboard.