What is the test for entering a home to arrest a domestic violence suspect and what is the effect of the police force entering the home?

California, United States of America


The following excerpt is from People v. Hughes, No. B285968 (Cal. App. 2018):

stairs, officers reasonably believed she was lying and at risk of continued violence].) Therefore, exercising our independent judgment, we conclude a reasonable person in the officers' position would have "believe[d] the entry was necessary to prevent physical harm to . . . other persons.'" (Brigham City, supra, 547 U.S. at p. 402; see also Georgia v. Randolph (2006) 547 U.S. 103, 118 [police had authority to enter dwelling to protect a resident from domestic violence if they have good reason to believe such a threat exists].)

People v. Ormonde (2006) 143 Cal.App.4th 282 (Ormonde), on which defendant relies, involved a very different set of facts. There, officers arrived at a home to arrest a domestic violence suspect and found the suspect standing outside next to a car. (Id. at p. 286.) While one of the officers assumed responsibility for arresting the suspect, the other officer walked to the front door, which was open. (Ibid.) He could see the living room and part of the kitchen, but a closed door blocked his view of the rest of the residence. (Id. at p. 287.) The officer testified he felt "vulnerable" because he did not know if someone would come out of the closed door, so he entered the residence. (Ibid.) Inside the residence, the officer encountered the defendant, who was later convicted on drug and firearm charges based on evidence the officers found while searching his home. (Id. at pp. 285, 287-290.)

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