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Unformatted text preview: Narrow Question: Was the police officer entering the home without a warrant valid? Rule: There is no need for a warrant to enter to assist persons who are seriously injured or threatened with such injury. Rational: As long as the courts can reasonably and if the circumstances can be viewed objectively, that there is an exigent circumstance, in this case, restoring order and preventing violence, they can enter the home without a warrant. Holding: Yes the police officer entering the home without a warrant was valid to aid the injured person and prevent more injuries and restoring order the fight inside the home, even if the police had a different mindset of making an arrest instead of quelling violence. The officer’s state of mind does not matter, only the situation of the circumstance. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 10/18/2011 for the course CRIM. PRO 125 taught by Professor Sobel during the Spring '11 term at California Western School of Law.
- Spring '11