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People v. Chung (Cal. Ct. App. - June 3, 2010)

By Shaun Martin

I'm not overly aggressive when it comes to claiming "exigent circumstances" that allegedly allow a police officer to barge into your home without your consent.

But when the neighbor below you in the condo calls the cops because she hears "the high pitched crying of a dog in pain" in your unit, and when you tell the police that you don't have any dogs but they hear the sound of a dog wimpering, it seems to me like the police can enter. So when they find a dying dog on your patio and a dead dog in your freezer, they get to arrest you, and you can't legitimately complain about the search.

Seems so to the Court of Appeal as well.

Exigent circumstances aren't just for people.

Full post as published by California Appellate Report on June 03, 2010 (boomark / email).