What are the findings of the Court of Appeal on a warrantless search of a locked bedroom by two officers responding to a domestic violence incident?

California, United States of America


The following excerpt is from The People v. Troyer, Ct.App. 3 C059889, No. 07F06029, S180759 (Cal. 2011):

I agree with the majority that the officers' warrantless search was, under the circumstances, within the scope of discretionary judgment our society expects police officers to exercise in an emergency or possible emergency. I particularly agree that the locked bedroom door presented the officers with "obvious risks" to their own safety, risks they could reasonably decide were too great to ignore. (Maj. opn., ante, at p. 16.) Reliance on this circumstance does not fit comfortably within the emergency aid doctrine, as it raises a threat to officer safety rather than grounds for believing another person is in need of assistance. Nor does it squarely come within the "protective sweep" doctrine of Maryland v. Buie (1990) 494 U.S. 325, as the search here did not accompany an arrest. Nonetheless, to ignore the potential risk is difficult or impossible. We cannot reasonably demand that officers called to the scene of a shooting, where they cannot be sure of the number or whereabouts of the armed assailants, proceed to assist victims and investigate the crime scene without securing themselves, witnesses, and others present against ambush from a nearby hiding place.

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