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CT: Minor in danger inside was justification for a warrantless entry

By John Wesley Hall, Jr.

A claim that a minor in the house was in imminent danger was justification for an emergency entry. (n.1: A state search and seizure constitutional claim has to be separately analyzed. [It would have lost on these facts anyway.]) State v. Ryder, 2009 Conn. App. LEXIS 201 (May 19, 2009)*: We hasten to add that "this limited privilege to investigate emergencies without a search warrant is subject to judicial scrutiny. ... The reasonableness of police activity must always pass judicial muster according to objective, empirical criteria before the court." (Citation omitted.) People v. Mitchell, 39 N.Y.2d 173, 179, 347 N.E.2d 607, 383 N.Y.S.2d 246 (cited with approval in State v. Colon, 272 Conn. 106, 143, 864 A.2d 666 [2004], cert. denied, 546 U...continue to full post

Full post as published by Fourth Amendment on June 08, 2009 (boomark / email).