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And if the ruse gave the resident the impression that they had no choice to object to consent, then it would almost certainly be unlawful. I cannot imagine a circumstance where officers could lie about an emergency call , use that call as justification to compel entry, and NOT have the search...

But, if the initial entry was based upon a bogus call for assistance, then the ensuing probable cause will be bad because the officers gained consent to enter or coerced entry based upon false pretenses. It's not about the probable cause once inside - assuming that they had a lawful right to be...

But, in this case, the officers appear to have gained entry based upon an allegation of an emergency call for service involving some sort of a disturbance or domestic, and it was not until they had already made entry that they smelled the marijuana. If they smelled the marijuana outside, and...

As I mentioned, review the California Peace Officer legal Sourcebook - it's all there as it regards CA. Some scattered cases and comments relevant to CA: Maybe the defense bar in your neck of the wood is asleep at the switch, or any ruses used are such that they fall into one of the...

And that would not be a ruse. If I received a call of a disturbance, and I asked to check on the wellbeing of the occupants, that would not be deceptive, it would be honest. If I dod NOT receive such a call, THEN it would be a ruse and very likely unlawful. Agreed. If there was no call (911...

The issue of a ruse appears to be state specific. There is ample CA case law and some 9th circuit case law on the issue for us out here, but not all that much on point by the USSC. CPOLS covers it well - with examples - if you have access to that at the office. Yep. When a cellular 911...

Knock and talk, sure. LYING (a ruse) about why you are there and using that reason to gain consent or fake probable cause, no. Not in CA, anyway. Because the officers in this scenario halted and waited for a warrant, I would tend to think they had initially acted on a valid call or other...

It could be very relevant. If they utilized a ruse (i.e. a lie) to gain consent, then the consent can be tossed. However, since the limitations of a ruse might be established by state and federal circuit case law, it might be an acceptable ruse to some degree in the OP's state- it would not be...

That's how it works here, but does it work the same way in AZ? (I suspect it does, but not all states hold to the same standards.) Yep. This is almost certainly perfectly lawful for as AJ has pointed out "but for" the suspended driver unlawfully operating his vehicle the vehicle woul dnot have...

If they cannot show that a 911 call was made, then there might be problems. But, did they say the call came in through 911? (That would be stupid to lie about as 911 calls are easy to track) Or, did they say they received an emergency call, or a report of a disturbance there? The call might...

He should probably contact an attorney ASAP if he has not already done so. If they were responding to a 911 call and had reason to believe there was a disturbance, they might be able to argue a need to make entry in order to see that all parties in the home were okay - particularly if the...

That's interesting, but is there a question? What was the nature of the 911 call they were responding to? Did anyone answer the door when they knocked? Were the police denied entry? Did the police force entry? A few more details might be useful ... unless, of course, you have no question.

The theft of catalytic converters is big business these days. They can be sold for recycling for up to $150 and are relatively easy to steal. It is unlikely that you will be able to rationally explain why you had four CCs in your vehicle, but the fortunate thing for you is that you do not have...

I don't know how much revenue it might actually generate for state or local government since the bulk of the money paid by the owner of the vehicle goes to a private entity -the tow company. They are lucky in AZ. In CA you don't get a hearing before a judge, and a 30 day impound will usually...

Precisely the point! Thanks, AJ. The officer who is called to the scene of this thing will generally not know the history, will not know the parties involved, and will neither be privy to or able to access any birth, court, or hospital records to show who might be related to who. And, since...

And, nine times out of ten, the dad is on there as well. Plus, I have yet (in 21 years) had a caller produce a birth certificate when the police have been called to the scene of one of these disputes. In my experience (and I have literally been on hundreds of these sorts of calls) mom will...

Pro, you forget that mom can no more prove that she is mom than dad can prove that he is dad! At least in CA we do not issued documents indicating parentage that can be readily read and interpreted by the officer at the scene. And, I suspect that even in the states where you have lived you...

But we are not talking about the establishment of paternity, we're talking about what the police will do if she calls them and asks them to rip the child away from dad at her request (after effectively abandoning them for a couple of months). But THAT is NOT what is happening here. What you...

issie77 - please start your own (new) thread with your question. Thanks.

If she acknowledges that he is the dad or he has any other indication of being dad, the child is staying where it is absent a court order. That's how it tends to work in CA. She is free to go to court and present a birth certificate listing her as the sole parent with a right to custody and...