Legal Question in Criminal Law in California
Domestic violence calls made by neighbors
If both parties come to the door when police knock and everything seems calm and okay. Is it legal for the police to force their way into the home to make arrests?
1 Answer from Attorneys
Re: Domestic violence calls made by neighbors
When the police receive a call that there is a domestic disturbance, they have probable cause to enter the home to ensure that no one has been injured and that the home is a safe place. The fact that everything seems calm does not mean that there is not an injured party being locked or held in another room out of sight. Your statement gives the impression that the person answering the door refused entry to the police officers. This raised a suspicion that there may be an injured party inside the house. The fact that the police arrested one or more parties indicates that there was an injured party in the house.
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