If you are facing criminal charges where the police entered your house because of a 911 call, stating that a crime has occurred, you will need a Colorado Criminal Lawyer to argue that the officer did not have probable cause to enter, absent a warrant. Alternatively, you would want to argue that there were no circumstances that would justify the immediate entry by the police officer. If you can establish that the police officer did not have probable cause or that the police officer did not need to enter immediately, then the police entry should be found to be unconstitutional. You should talk to a Colorado Criminal Defense Attorney to help you make these arguments.
The reasoning behind your argument comes from the case of People v. Chavez (240 P.3d 448) which deals with whether police can enter a house without a warrant when they receive a 911 call that establishes that a domestic violence had occurred or was occurring..
What happened in This Case:
In People v. Chavez, a 911 call was made by a person who had fled from her house. The call states that a domestic violence was occurring and that the person who fled was scared to the point where she had to leave. The police went to the house and entered without a warrant. Upon searching the house, the police found a shotgun and charged the homeowner of possession of a firearm by a felon.
The Legal Issue that the Court had to Decide:
In that case, the court had to decide whether it was legal for the police to enter the house without a warrant based on the information that they had received from the 911 call.
The Decision of the Court Regarding the Law:
In this case, the court found that the police had probable cause to believe that a crime was occurring and that they had “exigent circumstances” based on the information from the 911 call to enter the house. In these situations, the police can enter a house absent a warrant.
How Previous Court Decisions can Affect your Case:
When a court is making decisions in your case, they will look at how other courts have decided similar issues. As such, if the facts of your case are similar to a case in the past, you can look at the past case to get a good idea of how a court should rule in your case. If you have questions about whether People v. Chavez applies to your case, you should contact a Colorado Criminal Attorney immediately.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.