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Can police respond to a 911 medical call and enter into the home without a search war

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mufuart

Guest
Maryland. I have a constitutional question. My girlfriend made a 911 medical call, and the police came first responding to the call, and she answered the door and they came in.

She had overdosed on medication for Hep C, and became paranoid when she saw the police, because she is black and she's had some bad racial experiences with police in the past.

My question is: normally police need a search warrant to enter a dwelling, but they have gotten in the habit of entering homes on the coattails of medical personnel.

My girlfriend made a medical 911 call, and not a police 911 call. Where did my girlfriend waive her right to have police enter with a search warrant only? She is uncomfortable with the police because she has had racist experiences with them in the past (and many blacks have in America).

I would like to get the law changed so that a medical 911 cannot be tailed/followed by the police without probable cause.

And police will not have probable cause in and of itself, unless the medical personnel were to report probable cause to them; then they could come, but it better be probable cause.

Will anyone join me in changing this subservice practice of circumventing the probable cause and warrant laws? Please e-mail me at [email protected]. Love ya!
 


D

daniel123456

Guest
constitutional question

as you have mentiond the police officers do in fact respond to 911 calls,its very simple,911 calls are directly linked to the police stations,as well as the emergency,and fire departments,the purpose of 911 is to connect all of the various public servants togeather.the officers are directly related to domestic call of violance,and alot of times a call may be made that involves a possible drug overdose,the person overdosing may be eratic,and the rescue personell may be unexperienced,or not enough help with 2 emergency personnels to hold the person down,and treat them,therefore these personnels are always in danger when responding to 911 calls,therefore the officers are there,to also provide protection to these servants.so the officers have a right to enter into a persons dwelling,while they do not have a right to conduct a search.or to cease any item that may in the dwelling,except for the drug that may have been used,durring the od.to have it changed,would mean the end of 911.and i do not beleive that choice is worth the risk of putting the best intrest of children,or the elderly in danger,because of our fears of police officers.think about this,if you were an officer,you start your day everyday knowing that you are in the most high riskd jobs,knowing for what you beleive in,to provide the survival,of the innocent,and your children,may cost you the ultimate price,as weve all seen there is a war,there is good,and bad in all faucets of society,but its the real ones that matter.they are the ones that are there when no one else is.i am not an attorney,please consult with one in your area.good-luck,friends
 
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mziggi

Guest
The police have every right to enter your home when you call 911. They can also seize anything they see in plain view that is evidence of a crime. They can not do a search, but if you leave it on a table it is fair game. The police usually respond with the ambulance or fire dept. for several reasons.
1. To assist you. They can usually get there faster than anyone else.
2. To protect the fire and ambulance people from violent situations.
3. To protect any possible victims. Many crimes are first discovered when the victim calls for an ambulance.

Also realize that if officers seize contraband or evidence that they find in plain view, they can use it as probable cause to obtain a search warrant for the rest of the house. They can also deny you entry into the house or detain you in it untill they get a warrant. This is to prevent the destruction of potential evidence.
 
M

mufuart

Guest
Okay, I understand what you're saying about protecting medical personnel during ODs, etc.

But where in legal history did the citizen forfeit this right to require a warrant to enter the house when only medical personnel are being asked for? Does anyone know this?

Why can there be no provision in which the presence of police is specifically asked for by 911 operators, such as opting-in and opting-out provisions? This should not be automatic as it is right now.

If anyone knows, please provide me with when the police acquired this right to coattail onto the medical personnel like that. THERE OUGHT TO BE A LAW!!...

Thank you!
 
R

rmharvey

Guest
911 Call

Police are "the first line of defense" And they respond accordingly. Policemen are required to be knowledgeable in first aid, as previously stated they sometimes can be the first on the scene, administering life saving first aid while EMS is enroute. This is for the public good. If no crime is involved the only thing they will do is assist in the medical emergency, then depart.
 

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