Legal Question in Civil Litigation in California
Is it legal for the police to enter your home without a warrant, after a 911 call was made, when the call was made by mistake, and the operator was told it was an error and there was not an emergency? They proclaimed they had to do a "welfare check".
1 Answer from Attorneys
If they had probable cause to believe a crime may have been or was being committed, or a person's health, life or welfare was in danger, yes. Not every 911 call that the operator is told was a mistake, was actually a mistake. The police have to make their own determination. Whether there was enough for the police to go on to make a determination that entry was needed in a particular case would require a review of the 911 call(s), all the rest of the relevant facts, and probably interviewing the witnesses.
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