Lee Davis: Sixth Circuit Says 911 Call Justifies Police Entry Into House

Thursday, January 31, 2013 - by Lee Davis
Lee Davis
Lee Davis

In Stricker v. Township of Cambridge the Sixth Circuit issued a ruling concerning police and their ability to enter a private residence. The case began when members of the Stricker family placed an emergency call to 911 to ask for help for their son who appeared to be overdosing. The 911 operator asked what substance the son had consumed but the mother, Susan Stricker, said she did not know.

Paramedics arrived soon after the call was placed but followed their stated policy of not entering a house until the police had arrived to secure the scene. A police office who heard the house involved in the call radioed the police dispatcher to let the department know he had previously been to the same address and made several arrests for occupants of the home who were heroin addicts.



When the police finally arrived, the Stricker family told them to leave their property. EMS and the police at the scene pressed the family to allow them inside to treat the ill son, the family insisted that the police had to go but the EMS were allowed to stay.

The brief appearance of the ill son in the front window, unsteady and obviously in distress, as well as a consultation with an assistant district attorney, was all the officers on the scene needed to force their way inside the house. The parents were handcuffed and the son was treated by EMS. The son was later found to have taken Xanax and heroin and required hospitalization.

While the police were securing the home they did a standard security sweep and uncovered some illegal substances. The parents were ultimately charged with resisting an officer and the son was arrested for substance abuse. The family then filed a suit against the police department, claiming that the officers who pushed their way into the house broke the law by engaging in an unreasonable search and seizure. They further claimed the officers used excessive force and that the district attorney’s office was working in conjunction with the police in a conspiracy to violate the Fourth Amendment.

The Sixth Circuit appeared not to hold much concern for the arguments of the Stricker family. The panel found that 911 calls represent a textbook example of an exigent circumstance. Such emergency situations are prime examples of when it can be necessary for police officers to enter a home without a warrant. The Sixth Circuit said even hang-up calls to 911 could be justification for such police entries. The 911 call, the previous police interaction with residents of the house and the brief encounter with the ill son in the window all served as sufficient justification for police action given that it was reasonable to assume the man needed immediately medical attention.

The Court went on to call the search of the house justifiable, though a close issue. The panel wrote that because the mother was unable to explain what substance her son had ingested the police were justified in searching for more information to help treat the son.


To read the full opinion, click here.

(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)


Sound Living Counseling Celebrates Grand Opening Aug. 30

Sound Living Counseling will celebrate its Open House and Dedication with ribbon cutting ceremony on Aug. 30 from  11:30 a.m. –4 p.m.  The Chattanooga Area Chamber of Commerce will coordinate this event, taking place at 6727 Heritage Business Court, Suite 720. Sound Living Counseling is a center expanding to serve the needs of people in the community. The mission ... (click for more)

UNUM Hosts Back To School Bash For Chambliss Children

UNUM hosted its annual Back to School Bash for the school-aged children spending the summer at Chambliss Center for Children.   This year more than 175 UNUM employees came out to host a special day on our campus that included inflatables, games, a petting zoo, snow cones, face painting, hot dogs, burgers and more. They also stuffed 125 backpacks full of the required ... (click for more)

Man, 28, Shot And Killed In East Chattanooga

A 28-year-old man was shot and killed in East Chattanooga early Friday morning. The victim was identified as Jeremy Clark, a brother of House candidate Dennis Clark. Dennis Clark said, "Jeremy, a beloved son, my younger brother and dear friend to many, was taken from us too soon. The pain from our sudden and tragic loss is Indescribable. He was a compassionate and fun-loving ... (click for more)

Siedlecki Files Amended Financial Disclosure After GOP Files Complaint; Lists Personal Loan Rather Than In-Kind Contribution

Democratic assessor of property candidate Mark Siedlecki filed an amended financial disclosure form on Friday afternoon after county Republicans said he accepted far above the legal limit from a corporation he heads. The new disclosure said he made personal loans totaling $38,288 to the campaign. It does not include any in-kind contributions. The earlier forms listed ... (click for more)

Olympic Events On The Ocoee River Made History – But It Wasn’t Easy

It started with a simple “what if” question while Atlanta officials were working on a bid to host the 1996 Summer Olympic Games.  A group of amateur kayakers from the city began asking themselves: “What if Atlanta’s bid is successful? Then where would the Olympic whitewater canoe and kayak races be held?”  To some of the members of that group, the answer was obvious. ... (click for more)

Roy Exum: Don’t Kick A Man’s Neck

From the minute my brothers and I each became cognizant, my dad started teaching us the rules of becoming a man. Dad was from deep in Mississippi and he’d been taught a lot of life’s secrets from his father. These lessons have been passed for generations and, the older I have become, I’m convinced a lot of them were borne from The Sermon on the Mount. Our favorite, back in the ... (click for more)