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Reply #66: Did the officers hear the screams? If not they are proceeding upon hearsay. [View All]

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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-10 10:55 AM
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66. Did the officers hear the screams? If not they are proceeding upon hearsay.
The hearsay plus and observation, like evidence of struggle, by the officer could form probable cause with an exigent circumstance. Unless the officers hear the screams they have no reason to believe anyone is in danger. Another problem they will have is that they did not allow reasonable suspicion or probable cause to dissipate. They presence of both parties at the door with no visible signs of a struggle and the explanation should have caused the suspicion to dissipate.
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