Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA7: Conduct clearly showed consent to enter after 911 hangup call

By John Wesley Hall, Jr.

911 hangup call led police to defendant’s house and talking to his girlfriend who consented to the entry by the police. United States v. Risner, 2010 U.S. App. LEXIS 2258 (7th Cir. February 3, 2010)*: We agree with the district court that Dean impliedly consented to the police entering her home on both occasions. Regarding the first entry, Dean called the police. Although she hung up before speaking with the dispatcher, she willingly spoke with Dulin when he arrived on the scene. She told him that she had called 911 because Risner had attacked her and threatened her life. She also told him that Risner was armed and where he was hiding in the house. Any reasonable person would infer from Dean's communications that she consented to the police entry into her home to arrest Risner...continue to full post

Full post as published by Fourth Amendment on February 05, 2010 (boomark / email).