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  • Chinesesamurai
    Member
    • Sep 2012
    • 444

    Deleted

    Deleted
    Last edited by Chinesesamurai; 04-25-2022, 1:30 PM.
  • #2
    tummy06
    Senior Member
    • May 2015
    • 1053

    I’d say you stop smoking crack

    Comment

    • #3
      Icypu
      Senior Member
      • Nov 2009
      • 1051

      There are a lot of reasons to make entry to a house. Getting my partner and myself sucked into a 4 wall unknown structure isn't worth it. Warrants and or haz hits are your friend. But the academy answer is yes you can... If you should is something you have to live with on a case by case basis.

      Sent from my Phone using Tapatalk

      Comment

      • #4
        Chinesesamurai
        Member
        • Sep 2012
        • 444

        Originally posted by Icypu
        There are a lot of reasons to make entry to a house. Getting my partner and myself sucked into a 4 wall unknown structure isn't worth it. Warrants and or haz hits are your friend. But the academy answer is yes you can... If you should is something you have to live with on a case by case basis.

        Sent from my Phone using Tapatalk
        Thank you for your answer. This is helpful

        Comment

        • #5
          Yodaman
          Veteran Member
          • Aug 2012
          • 2749

          You should probably being worrying more about the Corona virus than that! Ruuuun


          Sent from my iPhone using Tapatalk

          Comment

          • #6
            esy
            Senior Member
            • Apr 2012
            • 1191

            Originally posted by Chinesesamurai
            Here's the question:

            You and a partner are doing a routine patrol when you see someone smoking what you believe to be crack cocaine through a window. The suspects see you and start making a motion to get out of view. As you and your partnet approach the front door and ID yourself as police, You hear them flushing the toilet which leads you to believe they are destroying the evidence. What can you do?


            Isn't that considered exigent circumstance situation to enter to prevent destruction of evidence?

            I'm getting mixed answers.
            What crime are you planning to charge said individuals with?

            Very important question you need to ask yourself which is a part of very important case law.

            Comment

            • #7
              zfields
              CGN Contributor
              • Aug 2010
              • 13658

              Seems like a lot of liability for a cite.
              Sandstorm Custom Rifle Slings : Custom Paracord slings

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              Comment

              • #8
                pacrat
                I need a LIFE!!
                • May 2014
                • 10283

                Originally posted by Chinesesamurai
                Here's the question:

                You and a partner are doing a routine patrol when you see someone smoking what you believe to be crack cocaine through a window. The suspects see you and start making a motion to get out of view. As you and your partnet approach the front door and ID yourself as police, You hear them flushing the toilet which leads you to believe they are destroying the evidence. What can you do?


                Isn't that considered exigent circumstance situation to enter to prevent destruction of evidence?

                I'm getting mixed answers.
                AND THE FLIP SIDE, of this scenario. If you kick the door. Once the "perp" is hooked, booked, and interviewed, with his attorney present.

                I was kick'n it in my living room, ya know, toking some perfectly legal bud.

                When I got this overwhelming "taco bell trots urge". It was REAL BAD, so I give myself a courtesy flush.

                Next thing I know.........KaBLAM! My door is kicked in, and some guy is pointing a gun and screaming at me in my own crapper!
                "Through a window". Leads one to believe you didn't have an ARTICULATABLE CERTAINTY that it was actually anything illegal in the pipe. And isn't the "destruction of evidence exigency", "Down the Drain" so to speak,.....as soon as you heard the toilet flush?

                zfields said........................ Seems like a lot of liability for a cite.
                Wise words in the post Prop 47 world.

                Comment

                • #9
                  Chinesesamurai
                  Member
                  • Sep 2012
                  • 444

                  Originally posted by pacrat
                  AND THE FLIP SIDE, of this scenario. If you kick the door. Once the "perp" is hooked, booked, and interviewed, with his attorney present.



                  "Through a window". Leads one to believe you didn't have an ARTICULATABLE CERTAINTY that it was actually anything illegal in the pipe. And isn't the "destruction of evidence exigency", "Down the Drain" so to speak,.....as soon as you heard the toilet flush?



                  Wise words in the post Prop 47 world.

                  Comment

                  • #10
                    esy
                    Senior Member
                    • Apr 2012
                    • 1191

                    Originally posted by Chinesesamurai
                    That’s a good point. I’m asking this question as it came from the POST CA book. So obviously I need the academy version answer
                    Not the academy version answer. The real world answer.

                    Severity of the crime. What is it? Who’s creating the exigency in your scenario? What crime do you have? Based on PC 835a, what articulable facts do you have?

                    Edit: what is the POST LD teaching/telling you to do in this scenario? It sounds like it’s being overly confusing and setting up for a high attrition rate in the near future.
                    Last edited by esy; 01-26-2020, 10:32 PM.

                    Comment

                    • #11
                      GizmoSD
                      Member
                      • Mar 2017
                      • 281

                      Comment

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