Rights involving searches after 911 call in wisconsin

[MrMaizu]

I live in Madison Wisconsin. The other night two friends of mine who were dating were having an argument. During I accidently pocket dialed 911. They came to my place after all had calmed down and I gave them permission to enter assuming that we would discuss that it was a pocket dial and explain the situation between my friends. After I assumed that they would be on their way. When they came In my friend belived that she had some Marijuana in her purse and grabbed it. She pulled it close to her and a cop said that she was suspicious and asked why. He then asked to search and she immidietly refused the request. Following that another officer was repeating essentially what he said about it being suspicious. After about 45 seconds of the discussion without saying yes or no she handed the purse out of fear. They made it seem like she had no choice in the matter for after she refused they kept badgering her about it. Im curious about how it being a 911 call impacts the rights of cops involving searches. Also with it being a 911 call what their response would of been if I refused to let them enter the house. Normally I would of declined and had a discussion with them outside however considering the circumstance I was worried about the outcome. Any thoughts and knowledge you could give me would be much appreciated.

 

[Proserpina]

I live in Madison Wisconsin. The other night two friends of mine who were dating were having an argument. During I accidently pocket dialed 911. They came to my place after all had calmed down and I gave them permission to enter assuming that we would discuss that it was a pocket dial and explain the situation between my friends. After I assumed that they would be on their way. When they came In my friend belived that she had some Marijuana in her purse and grabbed it. She pulled it close to her and a cop said that she was suspicious and asked why. He then asked to search and she immidietly refused the request. Following that another officer was repeating essentially what he said about it being suspicious. After about 45 seconds of the discussion without saying yes or no she handed the purse out of fear. They made it seem like she had no choice in the matter for after she refused they kept badgering her about it. Im curious about how it being a 911 call impacts the rights of cops involving searches. Also with it being a 911 call what their response would of been if I refused to let them enter the house. Normally I would of declined and had a discussion with them outside however considering the circumstance I was worried about the outcome. Any thoughts and knowledge you could give me would be much appreciated.

You accidentally dialed 911?

Tell me, how did that happen exactly?

 

[CdwJava]

I live in Madison Wisconsin. The other night two friends of mine who were dating were having an argument. During I accidently pocket dialed 911.

How did you accidentally dial 9-1-1 from a phone in your pocket? Very rare these days when phones generally require codes or gestures to activate a touch screen, but, okay ...

Understand that the police will not respond assuming it was accidental, from their perspective this is a valid 9-1-1 call for help.

They came to my place after all had calmed down and I gave them permission to enter assuming that we would discuss that it was a pocket dial and explain the situation between my friends. After I assumed that they would be on their way. When they came In my friend belived that she had some Marijuana in her purse and grabbed it. She pulled it close to her and a cop said that she was suspicious and asked why.

Yeah, I'd be suspicious, too. The officers have a right to control the scene for their safety and a purse can store weapons, so ...

He then asked to search and she immidietly refused the request. Following that another officer was repeating essentially what he said about it being suspicious. After about 45 seconds of the discussion without saying yes or no she handed the purse out of fear.

So, in essence, she consented to a search of her purse.

They made it seem like she had no choice in the matter for after she refused they kept badgering her about it.

But, they did not state that she had no right to refuse a search, correct? You wrote that she agreed to the search. *IF* they found evidence of criminal activity, *SHE* could hire an attorney to file a motion for suppression arguing that true and informed consent was not given. But, that does not seem to be an issue here.

Im curious about how it being a 911 call impacts the rights of cops involving searches.

Oh, we can start with community caretaking and go from there.

They did not force their way into your home, you allowed them in. They did not yank the purse from her, she gave it to the cops and they looked inside.

When the police receive a 9-1-1 call it is a reasonable (legal) presumption that there is an emergency so they are expected to check it out. Part of that means speaking to - and, often times, actually viewing - all the parties in a residence to see that they are okay.

Also with it being a 911 call what their response would of been if I refused to let them enter the house.

Since part of that evaluation has to do with what the officers knew or reasonably should have known, or what they noted on their arrival, it's impossible to say what they WOULD have done. They might have let it go if your explanation was reasonable and the parties you sauid were arguing were visible and also agreed that all was well. But, if they saw something to indicate that there existed a problem, they might be able to force their way inside. It all depends.

Normally I would of declined and had a discussion with them outside however considering the circumstance I was worried about the outcome. Any thoughts and knowledge you could give me would be much appreciated.

Sounds like it all worked out fine, so what's the worry?

 

[LdiJ]

How did you accidentally dial 9-1-1 from a phone in your pocket? Very rare these days when phones generally require codes or gestures to activate a touch screen, but, okay ...

Just as an aside, my boss always has the very latest smartphone and he pocket dials the office at least a couple of times a week. I don't know how it happens but he manages to do it.

 

[cbg]

I accidentally dialed 911 once but it wasn't a pocket dial.

I was at that time working at a location where you had to dial 9 for an outside line, and automatically did so when starting the call from home. I also did not realize that there was something wrong with my phone and the 1 was sticking. I dialed what I thought was 9-1, realized that I'd started with the leading 9, hung up and tried again. What I did not realize was that the sticky 1 had duplicated and I had dialed 9-1-1 without knowing it.

It was the cop who showed up in response to the 911 called who realized what was wrong with the phone.

I"m not quite sure how you'd pocket dial 911 though. Not unless 911 was on a speed dial. My husband pocket dials me all the time but he only has to bump one key.

 

[LdiJ]

I accidentally dialed 911 once but it wasn't a pocket dial.

I was at that time working at a location where you had to dial 9 for an outside line, and automatically did so when starting the call from home. I also did not realize that there was something wrong with my phone and the 1 was sticking. I dialed what I thought was 9-1, realized that I'd started with the leading 9, hung up and tried again. What I did not realize was that the sticky 1 had duplicated and I had dialed 9-1-1 without knowing it.

It was the cop who showed up in response to the 911 called who realized what was wrong with the phone.

I"m not quite sure how you'd pocket dial 911 though. Not unless 911 was on a speed dial. My husband pocket dials me all the time but he only has to bump one key.

Some people with children have 911 on speed dial...so that the kids know how to get help in an emergency. I had it that way for a bit when my daughter was a young child, but I undid it when it backfired on me.

 

[Proserpina]

I accidentally dialed 911 once but it wasn't a pocket dial.

I was at that time working at a location where you had to dial 9 for an outside line, and automatically did so when starting the call from home. I also did not realize that there was something wrong with my phone and the 1 was sticking. I dialed what I thought was 9-1, realized that I'd started with the leading 9, hung up and tried again. What I did not realize was that the sticky 1 had duplicated and I had dialed 9-1-1 without knowing it.

It was the cop who showed up in response to the 911 called who realized what was wrong with the phone.

I"m not quite sure how you'd pocket dial 911 though. Not unless 911 was on a speed dial. My husband pocket dials me all the time but he only has to bump one key.

I miss-dialed and got Humus instead of my husband - twice. Granted I was in the hospital at the time but ...

 

[cbg]

Some people with children have 911 on speed dial...so that the kids know how to get help in an emergency. I had it that way for a bit when my daughter was a young child, but I undid it when it backfired on me.

Oh, I get that it's possible. But that's about the only way I can see it happening. Not necessarily saying it didn't or couldn't happen at all. Just that the circumstances in which I could reasonably see it are limited.

 

[FlyingRon]

Your friend needs a lawyer. You consensually let them in to investigate the 911 call.

Your hypothetical, which we are generally disinclined to deal with, is what if you had said no?

The Constitutional argument is whether an exigent circumstance, that the butt call would lead them to believe that someone inside the property was indeed involved in the emergency call. I would suspect since what they appear to have heard was an altercation, the mere statement that a single party out front is saying "nothing wrong here," could well not thwart probable cause that someone else was inside in need of assistance.