20 minutes later AFTER chatting thru the door with residents & being assured occupants were safe AND they needed a warrant; the three LEs called the FD to assist in getting in the living quarters above the laundry business.True.
Had they not heard the glass breaking, all the pounding and demanding would not have warranted entry.
Once they heard the glass breaking, it became reasonable for them to believe, with the context of the 911 call, that an actual physical fight was going on and that someone was in danger. Exigent circumstances; break down the door.
This is how cops should behave. When they reasonably believe that someone is in danger, they step in, through closed doors, if necessary.
Again, though, the point of the dissent, and my point, remains that the defendant had no duty in assisting the cops in their effort that was based on their mistaken, but reasonable, belief.
According to the record, male partner broke a window earlier in the evening and promised to clean up the mess, but instead went and played pool, getting back o/a 0130 where the ‘discussion’ broke out. To preclude waking their six yo, they moved to their outside balcony where a random passerby heard the discussion and dropped a dime.
Male then ‘inadvertently’ locked patio door which is what the nice LEs heard upon their arrival.