The police are knocking at your door claiming they are there to conduct a welfare check on you after receiving a tip someone inside the residence may be in danger. What do you do? What can you do? What should you do? Generally speaking, the police can gain lawful entry into your home 3 ways: (1) with your consent; (2) with a warrant; and/or (3) under “exigent circumstances.” But what are exigent circumstances? They are situations that require swift or immediate action by law enforcement. Some examples of exigent circumstances include: (1) bodily harm to someone; (2) the destruction of evidence; and/or (3) the escape of a suspect in the commission of a felony.
Here in San Diego, the El Cajon Police Department recently found themselves being scrutinized for their forced entry into a woman’s apartment when she initially denied them entry after the police officers were responding to a citizen’s tip about someone yelling things which caused the listener to believe someone was in danger. It wound up the woman was fine and there was no one else present inside the apartment, but El Cajon Police left a misdemeanor citation for the woman accusing her of delaying the lawful actions of a police officer per Penal Code section 148(a).
Check out David P. Shapiro’s
interview with NBC 7 San Diego (originally aired 02/15/24) about what are and what are not “exigent circumstances” authorizing law enforcement to enter (and remain in) your home without your consent and without a warrant,
