California, United States of America
The following excerpt is from People v. Rubio, 256 Cal.Rptr.3d 612, 43 Cal.App.5th 342 (Cal. App. 2019):
Brigham City, supra , 547 U.S. 398, 126 S.Ct. 1943, the officers see and hear a fight taking place inside a house, and then watch through a window as one victim takes a punch to the face, spitting blood. ( Id . at p. 406, 126 S.Ct. 1943.) In Michigan v. Fisher (2009) 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410, officers investigating a report of a man " going crazy " find, in the driveway, blood in and on a pickup truck whose front has been smashed, and more blood on the door to the house. ( Id . at p. 45, 130 S.Ct. 546.) Through a window they see a man "inside the house, screaming and throwing things," perhaps at "a spouse or a child." ( Id . at pp. 46, 48, 130 S.Ct. 546.) That the emergency aid exception justified warrantless entry in these two cases means nothing for our case, where the police forced entry into defendants home without any evidence that there was an injured person in the apartment, and without evidence that violence was occurring, or had occurred, inside the home.
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