A woman says El Cajon police forced their way into an apartment without a warrant. She says the 911 tip they received about domestic violence wasn't accurate.…
A woman says El Cajon police forced their way into an apartment without a warrant. She says the 911 tip they received about domestic violence wasn't accurate. NBC 7 Investigates when police have the right to enter your home without your permission.
But Padilla says none of that matches up. For starters, at the time of the 911 call, the 26-year-old said she was alone inside her apartment. Her roommate had already left for the day. And another thing, Padilla moved into her apartment back in 2020, not a few months ago like the 911 caller described.
Padilla says she tried to shut her door again, but says Disque pulled it back open from his side of the door and quickly overpowered her. Before she knew it they were both in her living room. “That would be a circumstance that would be so out of the ordinary,” said retired law enforcement officer Cameron Gary. “You know, having to force your way to investigate a call. It’s just not that common. It just isn’t.”
Normally, police can’t force their way inside your home without first getting your consent or a warrant. But, if a crime might be happening or someone might be in immediate danger, under the law, police are required to act. It’s called “exigent circumstances” and 911 calls concerning possible domestic violence are always considered exigent.
“You’re entering a person’s home,” said Gary. “You don’t know who’s in the house. You don’t know if she’s running to get a weapon. You don’t know if she’s the suspect or the victim. You don't know any of that.” “If there was a positive interaction with law enforcement that said, ‘I’m fine, I’m the only one here,’ there’s a really strong argument that if an exigency existed when the door was closed, it went away when the door was opened,” Shapiro said.
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