Legal Question in Constitutional Law in Massachusetts

Police enter home for medical emergency

I am on a board that oversees a boarding house (50 people) in the Massachusetts area. One night the police got a call saying that someone needed medical assistance. The police came to the door and was greeted by one of the residents. The resident told him that they would get someone who is in charge and then they can be let in. The police did not like that answer and came busting through with more police, fire and an EMT claiming they have the right because its for a medical emergency call.

The emergency medical call ended up being false.

Do the police have the right to come through without being officially invited in, but with suspicion from a phone call they received?


Asked on 7/01/06, 9:02 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Police enter home for medical emergency

Yes. Property rights are not absolute; when someone's life and/or safety is at stake those rights must yield to the need for emergency care.

The police, EMTs etc. may enter without permission when they reasonably believe there is a medical emergency inside, even if that belief later proves to have been mistaken. Waiting for permission takes time and the person who needs help could die or otherwise suffer because of the delay. Emergency workers can enter even if the owner denies them permission, so there is no reason to wait for her answer before going in.

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Answered on 7/01/06, 5:52 pm


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