Legal Question in Criminal Law in California

911, Funky Telephone, Marijuana, and Illegal (?) Entry by the Police

This a.m., for the 2nd time in a week, the police showed up at my front door. Apparently, my house has some bizarro phone wiring issue that trips the 911 system. So, I was asleep and my doorbell rang. I thought it was my annoying neighbor and ignored it. Then I hear, ''Police, is anybody home?'' and rush into my living room where two officers are already in my house. As we start talking, I realize that the bong my friend and I had smoked the night before was still sitting on the floor by my couch. Oops. We talked about the 911 issue. I explained that I don't have a landline, only a cell phone (already discussed with a cop the 1st time this happened). They insisted on seeing the phone jack, which is in my bedroom. They grilled me while in my bedroom about the phone #, etc..One of them says that I am to stay in my bedroom while she talks to the other officer. Surely, about the bong. After a minute, I hear them yell out that they're leaving and I say, ''okay, thanks.'' Then one of them says, snidely, ''you might not want to leave your device for smoking marijuana out in plain view.'' So, my question: if this happens a 3rd time before the phone company come (who I called immediately after), are the police legally allowed to enter my house?


Asked on 10/15/07, 3:09 am

2 Answers from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: 911, Funky Telephone, Marijuana, and Illegal (?) Entry by the Police

I'd say you got lucky. It seems that the police were legally present in your house under exigent circumstances, i.e., responding to what they believed to be a bona fide emergency call. Your paraphernalia was in "plain view." Thus, you probably cannot suppress the officers' finding your bong. They were nice in not citing you for Health and Safety Code section 11364, which is probably because you were very cooperative with them.

If this happens yet again, I think the police have a colorable justification for entering your house - again. While the cause of the 911 call might be a technical malfunction, they are entitled to err on the side of caution by treating it as a real emergency.

It's a question of "what's reasonable?" If the thing malfunctions every night, then at some point their belief in the possibility of an emergency will no longer be reasonable. It's probably not to that point, yet.

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Answered on 10/15/07, 3:29 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 911, Funky Telephone, Marijuana, and Illegal (?) Entry by the Police

Yes. A 911 call from your house more than justifies a warrantless entry. The fact that you explained the problem to a particular officer will not prevent others from entering. It won't even prevent the same officer from entering, since the situation might change and/or your explanation might prove incorrect.

You're lucky the officer didn't take the bong and arrest you, which he had every right to do. I'd stop pressing my luck if I were you.

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Answered on 10/15/07, 12:58 pm


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