Gemmill

People v. Gemmill

Good Law
162 Cal. App. 4th 958·76 Cal. Rptr. 3d 410
Court of Appeal of CaliforniaMay 9, 2008C055464California4,892 words

Opinion

Opinion

Robie, J.

Under the “emergency aid” exception to the warrant requirement, police officers may enter a home to render emergency assistance when they have an objectively reasonable basis to believe someone inside is seriously injured or imminently threatened with such injury. (Brigham City v. Stuart (2006) 547 U.S. 398, 402-406 [ 164 L.Ed.2d 650, 657-659 , 126 S.Ct. 1943 ].) In the published portion of this opinion, we are presented with a related question: may police officers conduct a search of a home that is less intrusive than the physical entry of the home when they have an objectively reasonable basis to suspect someone inside might be seriously injured or imminently threatened with such injury? Relying on reasoning from Terry v. Ohio (1968) 392 U.S. 1, 18-19, fn. 15 [ 20 L.Ed.2d 889, 903-904 , 88 S.Ct. 1868 ], that “the scope of the particular intrusion, in light of all of the exigencies of the case, [is] a central element in the analysis of reasonableness,” we conclude they may.

Defendant Dawn Amber Gemmill appeals after a jury found her guilty of two counts of misdemeanor child endangerment, one count of misdemeanor possession of marijuana, and one count of misdemeanor…

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