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From the DA’s Desk
By Robert Phillips
Deputy District Attorney (ret.)
Case and Legal Issues
Entry of a residence to conduct a welfare check
Having an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury vs. probable cause or a reasonable suspicion
Summary: Where a defendant had a history of mental illness and alcohol abuse, officers responded to a call at his residence after a former girlfriend reported that he was inside his home threatening to commit suicide, based upon a telephone call he just made to her. With the defendant refusing to respond to attempts to contact him, officers forced their way into his residence. He was eventually found in a closet, from which he emerged holding what appeared to be a firearm. Shot and ....
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