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Police officer's entry into his own mother's home was private entry or by ongoing consent

By John Wesley Hall, Jr.

Police officer not in uniform or on duty entered his own mother's home because he knew that his daughter was upset. He tried to call on the phone there to get a patrol car to come, but that wasn't working, so he went to his own house and got his own patrol car and came back. He acted as a private citizen in the entry, and he had apparent authority to enter when ever he wanted into his mother's home. State v. Scott, 2008 La. App. LEXIS 199 (2d Cir. February 13, 2008): The record shows that Deputy Scott went to his mother's house to find out why his 4-year-old daughter was upset. He did not wear his uniform, drive his patrol car, notify his office, or take a radio. His actions in entering the home are consistent with a concerned father attempting to address a private inter-family issue...continue to full post

Full post as published by Fourth Amendment on February 15, 2008 (boomark / email).