Kid called 911

[spklav97]

What is the name of your state? Indiana

A family friend and my husband were outside working at the friend's house on his shed. Meanwhile the friend's little girl was inside trying to call her mother (my daughter was also in the house watching a movie), and dialed 911. Evidently they tried to call back, and the little girl got scared, started crying, and hung up on them. The cops came around back and asked the guys if they could talk to them. One cop said, "I need to step in. I can get a warrent." As my friend is going up his stairs, his daughter opens the door. She has the phone in her hand and she's crying. She realized what she had done (it's happened before). So Dan states to the officers that he is sure his daughter accidently did it. He explains that this has happened more than once before. He goes inside to take care of the phone situation with his kid (no one told the officers they could come in), and the police followed him in. It went down hill from there. This friend smokes pot. He had a tray out. The cops said they smelled marijuana and wanted to go downstairs. They searched the entire house (of course making it a mess). They took his seeds, stems, bowl, and some roaches, because that's all he had. They arrested him. They turned the information over to DCFS, who is not only investigating him, but us too because my child was present. What should have been done to prevent this from happening? Did they have the right to enter the house? Did they have the right to search the house? Did they have the right to turn my child over to DCFS? What should we say to the DCFS?

 

[justalayman]

well, I would wait for Carl to answer this as him being a police officer and a smart one at that is very good at explaining this type of situation but until he does come online:

I believe the phone call made for a per se exigent circumstance which would allow the officer the right to investgate without a warrant.

I don;t think you have any defense here.

 

[CdwJava]

Evidently they tried to call back, and the little girl got scared, started crying, and hung up on them.

That could very well be enough to allow the officers to investigate what is happening - I know I could certainly make the argument.

He goes inside to take care of the phone situation with his kid (no one told the officers they could come in), and the police followed him in.

It depends on why the officer said he went in. If he went in because he was still investigating the situation and sufficient cause to articulate a need to make entry, a court may agree. If he went inside to look at the picture on the far wall, that's not going to be good.

Officers are very leery to let people possibly involved in domestic situations out of their sight until they are confident things are okay ... these squabbles often tend to result in one or both parties arming themselves or disposing of evidence (maybe intimidating a child witness/victim).

It went down hill from there. This friend smokes pot. He had a tray out. The cops said they smelled marijuana and wanted to go downstairs.

A hint ... marijuana has a very distinct odor. It can be smelled for a good distance away, and it wreaks .. it also has a nasty habit of clinging to clothing and porous substances everywhere. In most states, this might be sufficient to investigate further - especially if children are being exposed.

They turned the information over to DCFS, who is not only investigating him, but us too because my child was present.

As they should. No parent should allow their child to be in an environment where they are exposed to drugs.

What should have been done to prevent this from happening?

The friend should have stopped smoking dope when his child was born.

Did they have the right to enter the house? Did they have the right to search the house?

That is very fact dependent and cannot be judged based upon one side of the equation. Ultimately, a judge may have to rule on the motion. I suspect the friend's attorney will make a motion to suppress the evidence based upon an unlawful search, and then he (and you) will have your definitive answer.

Did they have the right to turn my child over to DCFS? What should we say to the DCFS?

They have a right to report any potential danger to a child. And I recommend you simply tell DCFS the truth - whatever it might be.

- Carl