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Old June 18, 2009, 08:56 AM   #24
OuTcAsT
Senior Member
 
Join Date: January 8, 2006
Location: Eastern, TN
Posts: 1,236
O.K. This is really simple, and I will tell you why;

A close relative of mine works for my town's 911 dispatch center. After having her read this thread, and her husband, (who is a LEO), they both agree that the Police did everything they could in this instance. First, when a 911 call comes in, if it does not come from the residence in question, they will take note of where the call comes from, If it is a cell phone, or from another city (as the call in question was likely one or the other) it is considered to be somewhat "suspect" as there is no possible way to positively identify a voice on a phone. The request for a welfare check is not simply dismissed, LE or EMS is dispatched to check the premises as a priority.
They will knock on doors or windows, check for unlocked doors, look in windows (if possible) and call the home phone (if available) to attempt contact. Unless they have some evidence (they see someone lying on the floor thru the window, smoke is showing, evidence of a forcible entry, or the caller claims the occupant threatened suicide in the last few minutes) then that is where their responsibility ends. They have no legal authority to enter a private residence without evidence of an emergency. A voice on a phone is not substantial evidence in most cases. and understandably so. They both told me that a neighbor, or close relative, "at the scene", might be enough, if the evidence were strong enough to support a forced entry.

The law cuts both ways, the same law that protects us from an illegal search, (or a prank phone call) Also places "personal" responsibility firmly on the shoulders of you, your family, and friends, if you, or someone in your home, has special medical needs. I can take no umbrage with the officers in this case, they stayed within the law all the way, as it should be. Is it regrettable that this happened ? Absolutely, but the responsibility rests on the shoulders of the only persons who took a calculated risk, the Husband, and ultimately, the Wife.
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