Does a police force have an objectively reasonable basis to enter a house where there is no evidence that there is an additional gunshot victim?

California, United States of America


The following excerpt is from People v. Troyer, 11 Cal. Daily Op. Serv. 2312, 120 Cal.Rptr.3d 770, 2011 Daily Journal D.A.R. 2726, 246 P.3d 901, 51 Cal.4th 599 (Cal. 2011):

In any event, the issue is not whether entry into the house was justified by the possibility that there was an additional gunshot victim who had not been located. Rather, the issue is whether there was an objectively reasonable basis ( Brigham City v. Stuart, supra, 547 U.S. 398, 400, 126 S.Ct. 1943) to believe that such a victim was inside the locked upstairs bedroom. Because the police found no trace of blood inside the house, observed no sign of disturbance or struggle, and heard no sounds coming from inside the bedroom after knocking and announcing their presence, the possibility that a wounded gunshot victim was inside that room was too [120 Cal.Rptr.3d 786] remote and speculative to justify the forced entry into the bedroom.

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