THE FREEDOM TO FAIL
The Nowheresville Texas Police Station:Â A long time ago.
[Some details altered to protect the innocent and guilty.]
I was in a police lieutenant’s office, watching a video taken from the body camera of one of our officers. The call had been a welfare check, where two of our people had approached a residence, heard nothing, and proceeded to make warrantless entry.
In Texas, and in the United States at large, warrantless entry of a residence by law enforcement is limited to a handful of justifications falling under “exigent circumstances.”
Basically, it needs to be an emergency that justifies breaching the curtilage [Editor: google it – a very interesting word for citizens], and the Supreme Court has been getting tighter and tighter on applying it. The officers had gone into this house for a situation…. not really meeting that threshold.
She looked up at me. “This is bad.”
Clearly, the officers—both relatively new, had overstepped. Perhaps in good faith, but they had still overstepped.
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